In an application seeking to set aside an order dismissing a suit for default, the court allowed the suit to be restored despite objections from defendants 2 to 4 regarding counsel engagement, absent objection from defendant 1.
The application is allowed and the suit is restored with directions regarding forensic examination of the will.
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1
A.No.2528 of 2019 in TOS No.31 of 2013
R.SUBRAMANIAN.J.,
This application has been filed to set aside the order dated
30.01.2019, dismissing the suit for default.
2. Mr.S.Manohar, learned counsel appearing for the 1s t defendant has no objection for the suit being restored. Mr.Basheer Ahmed, learned counsel appearing for the defendants 2 to 4 would submit that he already given change of vakalat on 05.04.2019, after informing the defendants 2 to 4 that the case is coming up today. Despite the said facts, defendants 2 to 4 have not engaged any other counsel. Hence this application is allowed and the suit is restored.
3. It is stated that in Application No.595 of 2016, the Commissioner was appointed to take the Will in question for forensic examination. Now that the suit is restored, the Commissioner shall take steps to have the will examined by Forensic Experts. The learned counsel for the plaintiff shall notify the Commissioner about the restoration of the suit and inform him to
take further steps.
08.04.2019
jv
2
R.SUBRAMANIAN.J.,
jv
A.No.2528 of 2019
in TOS No.31 of 2013
08.04.2019
1 issue framed by the court
Whether an application to restore a suit dismissed for default should be allowed in the absence of objection from the first defendant.
Plaintiff
Defendant 1
Defendant 2
Defendant 3
Defendant 4
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
