Defendant applied to set aside an ex-parte order due to non-filing of written statement. Application allowed as delay condonation application was also pending; matter listed for consideration.
Ex-parte order set aside; condonation application listed for consideration.
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A.No.2275 of 2024 in C.S.No.169 of 2023
C.V.KARTHIKEYAN, J
This application has been filed by the defendant to set aside an exparte order dated 26.03.2024.
2. The suit had been filed seeking partition and separate possession of the property mentioned in the schedule in the plaint. The present petitioner had not filed written statement and therefore, he was set ex-parte.
3. The learned counsel however stated that along with this application
another application has been filed seeking to condone the delay in filing the written statement and that the written statement had actually been filed in the Registry.
4. Taking that factor into consideration and placing deep appreciation on the representation made by the learned counsel for the respondents/plaintiffs who understood the scope of the application, this Application stands allowed.
5. Registry may put up the application to condone delay in filing the written statement, if it is otherwise in order and if it is numbered, for consideration of this Court, list on 12.06.2024.
6. List C.S.No.169 of 2023 on 12.06.2024
24.04.2024
vkr
C.V.KARTHIKEYAN, J
vkr
A.No.2275 of 2024 in C.S.No.169 of 2023
24.04.2024
1 issue framed by the court
Whether the ex-parte order should be set aside and the delay in filing written statement condoned?
Defendant
Respondents/Plaintiffs
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
