The High Court at Madras dismissed the exparte order dated 20.03.2019 in a suit, finding the absence of counsel was bona fide and constituted sufficient cause. The application to set aside the order was allowed.
Set aside the exparte order dated 20.03.2019 and direct registry to post suit for framing of issues on 03.06.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 24TH DAY OF APRIL 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A.No.3187 of 2019
in
C.S.No.483 of 2016
1.Mrs.M.Dhanalakshmi,
W/o.Mr.R.Murugesan,
No.9/23, 2 nd Madley Road,
T.Nagar, Chennai 600 017.
2.Mrs.N.Gomathi
W/o.Mr.R.Nandeswara,
No.50, Peters Road,
Royapettah, Chennai 600 014.
3.Mrs.S.Srilekha,
W/o.Mr.T.Sivakuamr,
No.429/104, Kamaraj Street,
20 Feet Road, Salem-7. ..Applicants/Plaintiffs
Vs
1.Mrs.L.Pushpa,
W/o.Mr.L.Lakshmanan,
No.9/23, 2 nd Madley Road,
T.Nagar, Chennai-600 017.
2.Mr.L.Manikandan, S/o.Mr.L.Lakshmanan, No.9/23, 2nd Madley Road, T.Nagar, Chennai 600 017. Respondents/Defendants The Application praying that this Hon'ble Court be pleased to set aside the exparte order dated 20.03.2019 in C.S.No.483 of 2016.
This Original Application coming on this day before this court for hearing the court made the following order:
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This application has been filed seeking to set aside the exparte order dated 20.03.2019 made in C.S.No.483 of 2016. The reason assigned for the absence of the counsel on
the said date is that the name of the earlier counsel for the defendants was printed in the cause list.
Registry is directed to post the suit for framing of issues on 03.06.2019.
sd/- R.S.M.J
//Certified to be true copy//
Dated at Madras this the 2nd day of May 2019.
TE/02/03/2019 COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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1 issue framed by the court
Whether the exparte order dated 20.03.2019 should be set aside due to the absence of counsel.
Mrs. M. Dhanalakshmi
Mrs. N. Gomathi
Mrs. S. Srilekha
Mrs. L. Pushpa
Mr. L. Manikandan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
