Mr.Vemal v. B Gopi

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.12.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE in C.S(COMM DIV). 198 of 2023 - - - - Vemal ....

Applicant / 1st defendant Vs

1. B. Gopi ... 1st respondent / Plaintiff

2. R. Singaravelan .... 2nd respondent / 2nd defendant - - -- - - - The learned counsel for the respondent / plaintiff has not raised any serious objection for allowing this application, which has been filed by the 1st defendant seeking to condone the delay of 68 days in filing an application to set aside the ex-parte judgment passed in C.S. (Comm. Div) No.198 of 2023.

2. However, the learned counsel for the respondent / plaintiff would submit that he reserves his right to raise all objections in the 1/3

application filed by the 1st defendant seeking to set aside the ex-parte decree. The said statement is recorded. Accordingly, this application is allowed as prayed for.

3. Registry is directed to number the application filed by the 1st defendant seeking to set aside the ex-parte decree passed in C.S. (Comm. Div) No.198 of 2023, if the same is otherwise in order and list the same for hearing on the next hearing date.

4. It is made clear that this application viz., A. No.6277 of 2024 is allowed by granting liberty to the respondent / plaintiff to raise all objections with regard to the reasons given in the affidavit filed in support of the application seeking to set aside the ex-parte decree passed in C.S. No.198 of 2023 at the time when that application is heard by this Court.

Post the matter on 13.01.2025.

11.12.2024 vsi2 2/3

ABDUL QUDDHOSE, J.

vsi2 in C.S(COMM DIV). 198 of 2023 11.12.2024 3/3