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2021 Supreme(Online)(MAD) 35774

HIGH COURT OF MADRAS
Hon`ble Ms.Justice V.M.VELUMANI
JAYANTHI RAMESH – Appellant
Versus
E. MAHENDRAN – Respondent


O R D E R

(The matter is heard through 'video conferencing/hybrid mode')

This Civil Revision Petition is filed to set aside the fair and decreetal order dated 21.06.2016 made in I.A.No.249 of 2017 in O.S.No.2279 of 2016 on the file of the XVI Assistant City Civil Court, Chennai.

2.The petitioner is defendant in O.S.No.2279 of 2016 on the file of the XVI Assistant City Civil Court, Chennai. The respondents filed the said suit for recovery of money against the petitioner. The petitioner entered appearance through counsel on 14.06.2014, but she did not file written statement. She was set exparte on 03.12.2016. The petitioner filed I.A.No.249 of 2017 under Order IX Rule 9 of C.P.C., to set aside the exparte order dated 03.12.2016. According to the petitioner, on that date, her counsel was not well and bedridden and hence, she could not file written statement. Non-filing of written statement is neither wilful nor wanton. The respondents filed counter affidavit, giving the dates on which the petitioner was granted time to file written statement. As per Order VIII Rule 1 of C.P.C., the written statement has to be filed within 30 days from the date of receipt of summons. The petitioner filed

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