Application to condone delay of 39 to 89 days in defendants 3 to 8 filing their written statement in a partition suit; defendants cited old age and joint stand. Delay condoned and written statement taken on record.
Delay of 89 days condoned; written statement of defendants 3 to 8 taken on record.
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A.No.2373 of 2024 in C.S.No.84 of 2022
C.V.KARTHIKEYAN, J
This application has been filed to condone the delay of 89 days in filing the written statement of the defendants 3 to 8.
2.In the affidavit filed in support of the Judge's Summons, it had been stated that these defendants wanted to file a joint written statement, since the suit is for partition and wanted to take a singular stand among themselves. It had further been stated that though there is no delay so far as D7 and D8 are concerned, there is a delay of 89 days so far as the written statement of D5 is concerned, there is a delay of 87 days in filing the written statement of D6 is concerned, there is a delay of 39 days in filing the written statement of D3 is concerned and there is a delay of 48 days in filing the written statement of D4 is concerned. The maximum number of days had been shown as the delay. It is also stated that the defendants 2 to 4 are old ladies and they were not able to give necessary instructions.
C.V.KARTHIKEYAN, J
vkr
3.Taking all the factors into consideration and also on hearing the learned counsel for the plaintiff, this application stands allowed. The delay is condoned and the written statement of the defendants 3 to 8 is to be taken on record.
4.List C.S.No.84 of 2022 under the caption for framing issues on
04.06.204.
25.04.2024
A.No.2373 of 2024 in C.S.No.84 of 2022
1 issue framed by the court
Whether the delay of up to 89 days in filing the written statement of defendants 3 to 8 should be condoned.
C.V.Karthikeyan
As recorded by the court registry
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