The court condoned a delay of 328 days in filing an application to set aside an ex parte decree granted in a joint venture dispute. The applicant cited non-receipt of summons and residence abroad as grounds.
Delay of 328 days was condoned and application to set aside ex parte decree was ordered accordingly.
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A.No.7914 of 2019 in CS.No.442 of 2015
A.No.7914 of 2019 in CS.No.442 of 2015
K.KALYANASUNDARAM, J.
This application has been filed to condone the delay of 328 days in filing the
application to set aside the exparte decree dated 02.07.2018 in CS.No.442 of 2015.
Agreement, the applicant/defendant paid a sum of Rs.12,00,000/- [Rupees Twelve Lakhs only] and allotted one Flat and thereafter, he left there and now he is residing in USA.
were not served on the defendants and he became aware of the exparte decree only on 13.06.2019.
application, however, considering the facts and circumstances of the case, the delay of 328 days in filing the Application to set aside the exparte decree, is hereby condoned.
KMI
K.KALYANASUNDARAM, J.,
15.11.2019
A.No.7914 of 2019 in CS.No.442 of 2015
KMI
A.No.7914 of 2019
in
CS.No.442 of 2015
15.11.2019
1 issue framed by the court
Whether a delay of 328 days in filing an application to set aside an ex parte decree can be condoned.
Applicant
Respondent
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
