Allowed an application to condone a delay of 739 days in filing an application to set aside an ex-parte decree by the applicant (2nd defendant).
Application allowed on terms of payment of Rs.3,000 as costs to the 6th respondent by 31.01.2020.
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A.No.4755 of 2019 in C.S.No.568 of 2009
A.No.4755 of 2019 in C.S.No.568 of 2009
Dr.G. JAYACHANDRAN,J.
This application is filed to condone the delay of 739 days in filing the application for setting aside the exparte decree dated 17.03.2017 in C.S.No.568 of 2009.
2.Affidavit filed in support of the application to condone the
delay of 739 days in filing the application to set aside the exparte decree perused.
3.According to the applicant, who is the 2st defendant in
the suit, he entered appearance in the suit through counsel and contesting the Interlocutory Application in I.A.No.696 of 2009 filed injunction and also an application in I.A.No.3638 of 2009 was filed
to revoke the leave granted in the suit. Aggrieved by the order passed by the learned Single Judge in A.No.3638 of 2009, the plaintiff preferred O.S.A.No.58 of 2010 and the same was contested and dismissed. Thereafter, there was a talk of settlement between the parties and therefore, this applicant/2nd defendant did not file
the written statement. However, the suit has been decreed exparte http://www.judis.nic.in without printing the name of the counsel.
A.No.4755 of 2019 in C.S.No.568 of 2009
Dr.G. JAYACHANDRAN,J.
ari
A.No.4755 of 2019 in C.S.No.568 of 2009
Applicant (2nd Defendant)
Legal heir of 1st Respondent/Plaintiff (6th Respondent)
Dr. G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
