The High Court allowed an application to set aside an ex parte order dated 31.03.2021 passed in a pending guardianship petition. The court accepted the petitioner's explanation that she was in Dubai during the COVID pandemic and was unable to appear in person.
The ex parte order dated 31.03.2021 was set aside and the main original petition was allowed to proceed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
A.No.3611 of 2021 in O.P.No.1079 of 2019
In the matter of the Guardian and Wards Act 1890 and in the matter of Minor S.Shuayb Ali.
M.SULAIMAN ALI S/O.MR.P.MOHAMED ALI, NO.76, T-BLOCK, FLAT-T2, 8TH STREET, 3RD MAIN ROAD, ANNA NAGAR, CHENNAI-600 040 ..Petitioner
-Vs-
MS.AYISHA BEGUM D/O.MR.M.MOHAMED IBRAHIM, W/O.S.ABDUL GANI, NO.141/133, EAST SOUTH STREET, LABBAIKUDIKADU, KUNNAM TALUK, PERAMBALUR DISTRICT-621 108,
AND ALSO RESIDES AT 31, SUBRAMANIA COLONY, THIRUVANMIYUR, CHENNAI-600 041
..Respondent
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A.No.3611/2021:
MS.AYISHA BEGUM D/O.MR.M.MOHAMED IBRAHIM, BNO.141/133, EAST SOUTH STREET, LABBAIKUDIKADU, KUNNAM TALUK, PERAMBALUR DISTRICT-621 108 ..Petitioner/Respondent
-Vs-
M.SULAIMAN ALI S/O.MR.P.MOHAMED ALI, NO.76, T-BLOCK, FLAT-T2, 8TH STREET, 3RD MAIN ROAD, ANNA NAGAR, CHENNAI-600 040
..Respondent/Petitioner
This application praying that this Hon'ble Court be pleased to set aside the exparty order passed against petitioner/Respondent on 31/03/2021 for non filing of counter affidavit.
This application coming on this day before this court for hearing the court made the following order:
This application has been filed to set aside the exparte order dated 31.03.2021 passed in O.P.No.1079 of 2019 against the https://hcservices.ecourts.gov.in/hcservices/ applicant/respondent. On that date, the applicant/respondent was set
exparte in the main Original Petition namely O.P.No.1079 of 2019.
filed in support of this application seeking to set aside the exparte order.
respondent/petitioner on the earlier hearing date was that whereabouts of the
applicant/respondent are not known to the respondent/petitioner. Since the
address of the applicant/respondent has been furnished by way of memo
filed by the learned counsel for the applicant/respondent, this court is of the considered view that this application can be allowed, since the reasons stated in the affidavit filed in support of this application is satisfactory. Accordingly, this application is allowed as prayed for.
Sd/.A.Q.J. 25.11.2021
//Certified to be a true copy//
Dated this the day of 2021 SU.01.12.2021 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
2 issues framed by the court
Whether the ex parte order passed against the petitioner for non-filing of counter affidavit can be set aside on account of non-availability due to the COVID pandemic.
Whether the petitioner's application to set aside the ex parte order is allowed after furnishing her address and filing a counter statement.
1 provisions across 1 enactments
M.Sulaiman Ali
Ms.Ayisha Begum
Abdul Qudhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
