Condonation application for 1825-day delay in filing written statement allowed pending testamentary suit. Court deemed applicant entitled to defend suit; written statement filed, parties directed to file draft issues by 30.09.2021.
Delay of 1825 days in filing written statement condoned. Written statement taken on file. Parties to file draft issues by 30.09.2021.
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A.No.2984 of 2021 in TOS.No.20 of 2016
A.No.2984 of 2021 in
TOS.No.20 of 2016
R.SUBRAMANIAN, J.
Heard Mr.H.Vijayakumar, learned counsel appearing for the
applicant and Mr.M.A.Abdul Wahab, learned counsel appearing for the respondent.
2.This application has been filed seeking condonation of delay of 1825 days in filing the written statement. A perusal of the affidavit filed in
support of this application shows that the applicant has demonstrated sufficient cause for condonation of delay in filing the written statement.
3.Considering the fact that this proceeding is a testamentary original
proceeding, I am of the opinion that the applicant should be given a fair chance to defend the suit. Hence, this application is allowed, the delay of 1825 days in filing the written statement is condoned. The written statement is taken on file. Parties to file draft issues by 30.09.2021.
Post on 30.09.2021.
09.09.2021
kkn/nst
A.No.2984 of 2021 in TOS.No.20 of 2016
R.SUBRAMANIAN, J.
KKN/NST
A.No.2984 of 2021
in
TOS.No.20 of 2016
09.09.2021
1 issue framed by the court
Whether the delay of 1825 days in filing the written statement should be condoned in a testamentary proceeding.
Applicant
Respondent
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
