Mrs.Parvathy Ganapathy v. Thamiraparani Investments

A.No.4937 of 2017 in C.S.No.731 of 2011 Application.No.4937 of 2017 in C.S.No.731 of 2011 R.N.MANJULA, J.

The learned counsel appearing for the petitioner has filed this petition to set aside the ex parte order and submitted that a Written Statement has already been filed. But the ex parte order has been passed against him on the notion that he did not file Written Statement. In view of his earlier submission to that effect, a direction was given to check whether the Written Statement has been filed by the petitioner/1st defendant. 2.On perusal of the records, it is seen that the Written Statement of petitioner/1st defendant has been filed as early as on 27.03.2012. However, the 1st defendant was set ex parte on 07.02.2017 without noticing his Written Statement.

3.The learned counsel appearing for the respondent/plaintiff submitted that he has no objection to set aside the ex parte order and admitted the fact that the petitioner/1st defendant has already filed the Written Statement.

4.Taking into consideration of the fact that the petitioner/1st defendant has filed the Written Statement as earlier as on 27.03.2012, this Court deems it fit to set aside the ex parte order dated 07.02.2017 passed against the petitioner/1st defendant.

1/2 http://www.judis.nic.in

A.No.4937 of 2017 in C.S.No.731 of 2011 R.N.MANJULA, J.

mtl 5.Accordingly, for the reasons stated above, this Application is allowed and the order dated 07.02.2017 is hereby set aside. No costs. 14.12.2020 mtl Application.No.4937 of 2017 in C.S.No.731 of 2011 2/2 http://www.judis.nic.in