K.Dhananjayan And 4 Others v. M/S Love And Concern And 5 Others

A.Nos.4493 & 4705 of 2022 A.Nos.4493 & 4705 of 2022 in C.S.No.104 of 2022 C.V.KARTHIKEYAN,J., Application No.4493 of 2022 had been filed by the 1st, 2nd, 6th, 7th and 8th defendants seeking to condone the delay of 41 days in filing the written statement.

2. Application No.4705 of 2022 had been filed by the 3rd, 4th, 5th, 9th and 10th defendants seeking to condone the delay of 48 days in filing the written statements.

3. In the affidavit filed, in support of Application No.4493 of 2022, it had been stated that the summons was served and thereafter, the applications filed by the plaintiff had been contested. It had been stated that owing to that particular aspect, the written statement was omitted to be filed and that the delay is neither willful nor wanton.

4. In the affidavit filed, in support of Application No.4705 of 2022, it had been stated that the documents had to be filed along with the written statement and the certified copies had to be applied and they had received the certified copies with delay and consequently, there had been a delay in filing the written statement.

5. Heard the learned counsel for the plaintiff also. 1/2 https://www.mhc.tn.gov.in/judis

A.Nos.4493 & 4705 of 2022 C.V.KARTHIKEYAN,J., ssi

6. It is the grievance of the learned counsel for the plaintiff that the Agreement of Sale which is relied on is a registered agreement and that all the defendants have received consideration.

7. Those issues can to be examined during the course of trial and can be examined only when the written statements are taken on board.

8. In view of that particular reasoning, the delay in filing the written statement in both the applications are condoned. The written statements are taken on record.

03.11.2022 (1/3) ssi A.Nos.4493 & 4705 of 2022 in C.S.No.104 of 2022 2/2 https://www.mhc.tn.gov.in/judis