The court dismissed an application seeking condonation of a 4505-day delay in filing an application to set aside an ex parte decree. The court rejected the claim of non-receipt of summons after verifying service records.
Application for condonation of delay in filing the set aside application is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 25TH DAY OF OCTOBER 2017 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A. No.5514 of 2017 in C.S. No.146 of 2003
B.Ravinder Kumar S/o.Late G.Rishabchand, VII-1, C, Kences Enclave, 1, Ramakrishnan Street, T.Nagar, Chennai – 600 017.
.. Plaintiff VS M/s.Saraswathi Screens Represented by it's Proprietor Mr.S.Siva No.60, Lake View Road, West Mambalam, Chennai – 33.
.. Defendant
A. No.5514 of 2017
M/s.Saraswathi Screens Represented by it's Proprietor Mr.S.Siva No.60, Lake View Road, West Mambalam, Chennai – 33.
.. Applicant / Defendant VS R.Ravinder Kumar S/o.Late G.Rishabchand, VII-1, C, Kances Enclave, 1, Ramakrishnan Street, T.Nagar, Chennai – 600 017. Currently Residing at Rishab House, 30, Govindu Street, T.Nagar, Chennai – 17. .. Respondent / Plaintiff
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Application praying that this Hon'ble Court be pleased to condone the delay of 4505 days in filing the set aside Application in C.S. No.146 of 2003.
This Application coming on this day before this court for hearing the court made the following order:
This application has been filed seeking for condonation of delay of 4505 days in filing the application to set aside the exparte decree dated 28.12.2004.
2.In the affidavit filed in support of this application, the applicant claimed that he has not received any suit summons in C.S.No.146 of 2003 and he came to know about the exparte decree only from the notice in the Execution Proceedings that was received by him on 10.02.2017.
3.The respondent has filed a counter affidavit contending that the suit summons were properly served.
4.I have verified the suit summons. It is found that the applicant has been served on 26.03.2003. The signatures in the process as well as the affidavit filed in support of this application tally. Therefore, it is obvious that the applicant has come out with a false case seeking condonation of delay. Therefore, the applicant is not entitled to any indulgence of this Court. The delay has also not been satisfactorily explained.
5.Hence, this application is dismissed.
Dated at Madras this theth day of 2017.
TPY/10.11.2017
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether the delay in filing an application to set aside an ex parte decree warrants condonation.
Whether the explanation for the delay regarding non-receipt of summons is acceptable.
B. Ravinder Kumar
M/s. Saraswathi Screens
R. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
