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Madras High CourtA/5273/2025allowed

Mrs.Anitha Mathews v. Anand Fredrick And 2 Others

2025-10-28Honourable Mr.Justice P. Dhanabal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.10.2025 Coram:

THE HONOURABLE MR.JUSTICE P.DHANABAL in C.S.No.216 of 2024 --- Mrs.Anita Mathew represented by her Power of Attorney Mr.Arun Rajkumar Fredrick, No.11, Harleys Road, "The Nook", Kilpauk, Chennai-600 010.

.. Applicant/D3 Vs.

1. Mr.Anand Pradeepkumar Fredrick .. 1st respondent/plaintiff

2. Mr.S.James Fredrick .. 2nd respondent/D1

3. Mr.Arun Rajkumar Fredrick .. 3rd respondent/D2 Master's summons issued under Order XIV Rule 10(1) of the Original Side Rules of this Court and Section 5 of the Limitation Act, praying to condone the delay of 49 days in re-presenting the Adoption Memo in C.S.No.216 of 2024. For applicant : Mr.C.R.Prasannan For respondents: M/s.S.R.N.Manusri for R-1 R-2 - set ex-parte on 02.07.2025 in the suit 1 / 3

ORDER

This application is filed to condone the delay of 49 days in re-presenting the adoption memo filed on behalf of the third defendant.

2. According to the applicant/D3, she is the third defendant in the suit and already, the other defendants have filed written statement. The applicant has now filed Memo by adopting the written statement of D3. Already, he has filed that Memo with a delay of 61 days and therefore, the Registry returned that Memo for want of application to condone the delay. Now, this application is filed for condoning the delay of 61 days in filing the Memo to adopt the written statement of D2 by D3. However, the other side has no objection.

3. Considering the reasons stated in the affidavit and the number of days delay in re-presenting the above said Memo, this application is allowed. The adoption Memo is taken on record.

4. List the suit in the caption "for framing issues" on 13.11.2025. 28.10.2025 cs 2 / 3

P.DHANABAL, J cs Appln.No.5273 of 2025 in C.S.No.216 of 2024 28.10.2025 3 / 3