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Madras High CourtA/2789/2017allowed

Mrs.Saroja v. Mrs.A.Thilagavathy

2023-08-24Honourable Mr Justice A.A.Nakkiran1 pages

A.Nos.2789 & 2790 of 2017 in TOS No31 of 2008 A.A.NAKKIRAN, J.

These two applications have been filed by the applicants/plaintiffs, i) to condone the delay of 538 days in filing the restoration application and ii) to restore the suit in TOS No.31 of 2008 which was dismissed for default on 29.04.2015 by this court.

2.

The above two applications are of the year 2017.

Till date, the respondents /defendants have not chosen to file their counter affidavit.

3. Considering the facts and circumstances of the case and having satisfied with the reasons stated in the affidavits filed in support of the applications, the delay is condoned and consequently, the suit is restored.

4. Accordingly, both the applications are allowed.

5. Post the main suit on 31.08.2023.

24.08.2023 uma https://www.mhc.tn.gov.in/judis