Mrs.N.Dharani v. K.Balu
Case brief
What is this about?
This is a miscellaneous application seeking to set aside an ex-parte order. The Court set aside the order after being satisfied by the affidavit regarding the senior citizen counsel's illness, ordering the petitioner to deposit costs to the Respondent.
What did the court decide?
Order dated 24.09.2019 set aside on payment of Rs.5,000/- costs to Respondent's counsel.
What the court decided
A.No.8374 of 2019
A.No.8374 of 2019 in O.A.No.1158 of 2014 in OP.No.956 of 2007
K.KALYANASUNDARAM.,J
This application has been filed to set aside the ex-parte order
passed in O.A.No.1158 of 2014 in O.P.No.956 of 2007 on 24.09.2019.
- In the affidavit filed in support of the application, it has been
stated that the counsel who is appearing for the applicants is a senior citizen
and he was suffering from high blood pressure and diabetic, hence, he could
not follow the cause list. It is further stated that they are having valid defence
in the Original Petition and they could be given an opportunity to argue the
case on merits.
- Though the learned counsel for the respondent vehemently opposed the application contending that the applicants remained ex-parte deliberately, however considering the averments made in the application, this Court is inclined to set aside the order dated 24.09.2019 in A.No.1158 of 2014
Coram
K.KALYANASUNDARAM
Case details
As recorded by the court registry
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