Mrs.P.Kala v. R.Ganesan
Case brief
What is this about?
The Court allowed an application to set aside an ex parte order passed on 09.09.2022 due to the applicant's illness and inability to contact counsel, on the condition of paying costs to the respondent counsel by 18.07.2023.
What did the court decide?
Ex parte order set aside on condition of paying Rs.5,000 to respondent counsel by 18.07.2023.
What the court decided
A.No.3202 of 2023 in
T.O.S No.37 of 2018
A.No.3202 of 2023 in T.O.S No.37 of 2018
A.A.NAKKIRAN, J.
This application has been filed by the applicant/defendant to set aside the exparte order dated 09.09.2022 passed in T.O.S No.37 of 2018.
2. Heard both sides.
3.The learned counsel for the applicant/defendant submitted that on 09.09.2022, when the suit was posted for filing of written statement by the defendant, the applicant/defendant was not able to appear before this Court and file her written statement. Hence, she was set exparte on 09.09.2022. Due to her ill health, the applicant/defendant was unable to contact her counsel and her earlier counsel had also passed away. During the third week of March 2023 only, she came to know about the exparte order and thereafter, she immediately obtained a change of vakalat from the office of the earlier counsel and verified the status of the case through the present counsel. The non-filing of the written statement is neither willful nor wanton but for the reasons stated above. Therefore, he prays to set aside the exparte order passed against the defendant.
1/2
Issues for consideration
1 issue framed by the court
Whether an application to set aside an ex parte order for non-filing of written statement should be allowed on the specified grounds.
Parties & counsel
- applicant
Applicant/Defendant
- respondent
Respondent/Plaintiff
Coram
A.A.NAKKIRAN
Case details
As recorded by the court registry
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