Mr.a.Shanmugam v. Mr.N.Sekar

A.No.9148 of 2019 in C.S.No.152 of 2014

A.No.9148 of 2019 in C.S.No.152 of 2014

SENTHILKUMAR RAMAMOORTHY, J.

This application has been filed to condone the delay of 209 days in filing the application to set aside the ex-parte Judgement and Decree dated 08.05.2017.

1. I heard the learned counsel for the applicant and the defendants.

1. The learned counsel for the applicant/defendant submits that the suit summons was not served on the applicant and that the applicant became aware of the proceedings only on 16.10.2019. He further submitted that the suit is based on a promissory note and that the applicant has a strong defence in the suit and therefore, the applicant should be permitted to contest the suit on merits.

1. In response, the learned counsel for the respondent/plaintiff submits that the suit summons was served on the applicant/defendant and the same were returned with the following endorsements (1) intimation delivered, (2) left and (3) unclaimed. Based on that, thereafter, substituted service was also taken by way of publication, both in a Tamil and English daily. He further submits that the actual delay is 893 days and not 209 days. For all these reasons he submits that sufficient cause is not established.

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