Mrs.P.N.Prasanna Devi v. C.H.Kanagadurga

A.No.5064 of 2022 in C.S.No.832 of 2016 G.CHANDRASEKHARAN , J.

This application is filed to condone the delay of 497 days caused in filing the written statement.

2.It is seen from the submissions made by the learned counsel for the applicant that though the suit was filed in the year 2016, the applicant was served summons only in the month of February 2021 during the second wave of the Covid-19. There was also Nation wide lockdown. He could not meet his counsel and instruct him to file vakalat. Therefore, there is a delay. 3.The learned counsel for the first respondent/plaintiff opposed this application on the ground that the delay is huge. 4.Considered the rival submissions. The reason attributed for the delay of 497 days is the prevalent Covid-19 situation and National wide lockdown during 2021. The Hon'ble Supreme Court has even exempted certain period during the Covid -19 for the purpose of calculating the 1/3

limitation. This Court finds that the reason given by the applicant for the delay in filing the written statement is just and reasonable. Therefore, this application is allowed. The written statement of the first defendant is ordered to be received.

5. It is seen from the note put up by the Registry that the third defendant was served on 14.02.2017 and written statement is not filed so far. Therefore, the third defendant is called absent and set ex-parte. 6.Post the matter for framing issues after two weeks. sli 14.11.2022 G.CHANDRASEKHARAN , J.

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sli A.No.5064 of 2022 in C.S.No.832 of 2016 14.11.2022 3/3