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Madras High CourtA/5435/2023allowed

B.Sivanandam v. Mrs.B.Karpagam And 4 Others

2023-10-18Honourable Mr Justice N. Sathish Kumar1 pages

A.No.5435 of 2023 in C.S.No.90 of 2020 N.SATHISH KUMAR, J.

This application has been filed to condone the delay of 636 days in filing the application to set aside the exparte decree dated 09.09.2021 passed against the applicant / third defendant in C.S.No.90 of 2020.

2. The exparte decree has been set aside as against Defendants 1 and 2 on an application filed by them, by an Order dated 20.01.2022.

3. Considering the nature of averments in the affidavit filed along with this application, the fact that the exparte decree has already been set aside as against the first and second defendants, this application is allowed and the exparte decree as against the applicant is set aside.

4. The registry is directed to post this suit before the Additional Master III for recording evidence on 08.11.2023.

18.10.2023 vrc https://www.mhc.tn.gov.in/judis