Application to restore a suit dismissed for default as against the 4th defendant in 2005. Respondents raised no objection; the court ordered restoration and directed filing of written statement and counter affidavit.
Suit restored against the 4th defendant; counsel to file vakalat and written statement.
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.3525 of 2024 in C.S.No.600 of 2003 & A.No.6064 of 2023
P.B.BALAJI,J.
This application has been filed to restore the suit against the 4th defendant in C.S.No.600 of 2003 which was dismissed for default on 11.03.2005.
2.In fact, strangely, in the facts of the present case, the 4th defendant filed vakalat and also appeared and filed his proof affidavit. However, only at that time, it came to the knowledge of the plaintiff that the suit was dismissed as against the 4th defendant. Hence, the present application has been filed to restore the suit against the 4th defendant.
3.The learned counsel for the respondents fairly submits that he has no objection for the application being ordered. Accordingly, this application is ordered and the suit against the 4th respondent is restored to file.
4.Mr.Christopher Vijayachandran, learned counsel undertakes to file vakalat for the 4th defendant and also get instructions regarding written statement.
5.Post the suit on 29.07.2024 for filing written statement and filing counter affidavit.
16.07.2024
ata
1 issue framed by the court
Whether the suit dismissed for default against the 4th defendant on 11.03.2005 should be restored to file?
Plaintiff in C.S.No.600 of 2003
4th Defendant in C.S.No.600 of 2003
P.B.Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
