Application to condone a delay of 6954 days in restoring a suit dismissed for default was allowed. The court accepted that the defendant was abroad preventing service and that no prejudice would be caused.
Application to condone delay of 6954 days allowed.
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.
A. No.3107 of 2024 in C.S. No.600 of 2003 and A.No.6064 of 2024
P.B.BALAJI, J. A.No.3107 of 2024 is filed to condone
the delay of 6954 days to filing the restoration the suit against the 4th defendant in C.S. No.600 of 2003 which was dismissed for default on 11.03.2005.
to be huge, the reasons cited in the affidavit filed in support of the Application is that the 4th defendant was employed in a foreign country at the relevant point of time and summons could not be served. In any event, the suit is pending and no prejudice would be caused to the respondents/defendants, if the delay is condoned to enable the restoration of the suit against the 4th defendant. Therefore, this Application is allowed.
10.07.2024
rkp
Note: Registry is directed to number the restoration petition and post for orders on 16.07.2024.
1 issue framed by the court
Whether the delay of 6954 days in filing the restoration petition could be condoned?
P.B.Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
