Allowed an application by the first defendant to set aside an ex-parte order dated 18.04.2017. The court was satisfied with the affidavit regarding health conditions preventing timely filing of the written statement, and the respondents had no objection.
The ex-parte order dated 18.04.2017 passed against the first defendant is set aside.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 03RD DAY OF SEPTEMBER 2019 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA
A. No.5284 of 2019 in C.S.No.820 of 2013 C.S.No.820 of 2013:
A.No.5284 of 2019:-
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Both at No.214/215, Pappu Raja Street, Dharmapuram, Rajapalayam Town and Taluk, Virudhunagar District. ..Respondents/Plaintiffs
4.The Regional Manager, Head Office, Indian Overseas Bank, Mount Road, Madras ..Respondents 3 and 4/Defendants 2 and 3
Application praying that this Hon'ble Court be pleased to pass an order setting aside the exparte order passed against the applicant on 18/04/2017 and permitting the applicant to prosecute the case on merit.
This application coming on this day before this court for hearing the court made the following order:
The application is filed by the applicant / first defendant seeking to set aside the ex-parte order dated 18.04.2017 passed in the above said suit.
carry on activities of the Spinning Mill. Therefore, he
https://hcservices.ecourts.gov.in/hcservices/ could not engage an Advocate in Chennai to pursue the matter on his behalf. Since he could not enter vakalat and
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pursue the matter in filing the written statement in the suit, he was set ex-parte on 18.04.2017. According to the applicant, due to his health problem, he could not file the written statement in time, which is neither wilful nor wanton. Hence, this application is filed seeking to set aside the ex-parte order dated 18.04.2017.
//Certified to be a true copy// Dated this the day of 2019. SU/10/09/2019
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
1 issue framed by the court
Whether the ex-parte order passed on 18/04/2017 can be set aside given the applicant's health issues and lack of assistance in filing the written statement.
N.A. Kannan Raja
Mrs. Premalatha Pappuraja
Aswath Raja
N.A. Pethu Raja
The Regional Manager, Head Office, Indian Overseas Bank
Pushpa Sathyanarayana
As recorded by the court registry
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