IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 09.06.2023 Pronounced on 17.07.2023 CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA A.Nos.83, 84 & 1620 of 2023 in C.S.No.1003 of 2007 Hariram @ Univ Phreykz ... Applicant in all applications vs.

1. Mala Thiruvalluvan

2. Thanjammal

3. Jayanthi

4. Suryaprabha ...Respondents in all applications Application in A.No.83/2023 is filed under Order XIV Rule 8 of the Original Side Rules read with Section 5 of Limitation Act to condone the delay of 1089 days in filing the application to set side the exparte order dated 11.12.2019 passed in A.No.2234 of 2017 in C.S.No.1003 of 2007.

Application in A.No.84/2023 is filed under Order XIV Rule 8 of the Original Side Rules read with Section 5 of Limitation Act to condone the delay of 3335 days in filing the application to set side the exparte order dated 07.10.2013 passed in C.S.No.1003 of 2007.

Application in A.No.1620/2023 is filed under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Civil Procedure Code to stay all further proceedings in pursuance of the preliminary decree dated 07.10.2013 passed in C.S.No.1003 of 2007 pending disposal of the applications to set aside the exparte decree dated 07.10.2013 passed in C.S.No.1003 of 2007 along with an application to condone the delay in filing the same and the application to set aside the exparte order dated 11.12.2019 passed in Application No.2234 of 2017 in C.S.No.1003 of

2007.

For Applicant : Mr. S.Giritharan For Respondent-1 : Mr. J.Srinivasa Mohan

COMMON ORDER

A.No.83/2023 is filed to condone the delay of 1089 days in filing the application to set side the ex parte order dated 11.12.2019 passed in A.No.2234 of 2017 in C.S.No.1003 of 2007.

A.No.84/2023 is filed to condone the delay of 3335 days in filing the application to set side the ex parte order dated 07.10.2013 passed in C.S.No.1003 of 2007.

A.No.1620/2023 is filed to stay all further proceedings pursuant to the preliminary decree dated 07.10.2013 passed in C.S.No.1003 of 2007.

2. The applicant who is the second defendant in the suit in C.S.No.1003 of 2007 has filed these applications by stating that he was residing along with his mother at United States of America for the past 33 years and he was not aware of the suit proceedings in C.S. No.1003 of 2007; the applicant / second defendant and his mother have become residents of United States of America and they have been continuously residing there; the applicant never received any summons in the suit; on receipt of the Advocate Commissioner's report during the year 2022, the applicant came to know about several proceedings and about the partition suit in which the first respondent / plaintiff has got a preliminary decree on th

07.10.2013 in respect of 1/5 share in the suit properties.

2.1. A public auction was conducted by the Commissioner on

19.03.2022 after issuing paper publication without any notice to the applicant; except the fourth respondent / fourth defendant, no one had participated in the public auction; after coming to know about the proceedings, the applicant came down to Chennai and gave his vakalat to his counsel and filed an application to set aside the ex parte decree dated 07.11.2013; the second defendant also did not inform the first defendant about the suit proceedings; after taking lot of efforts, the applicant who got the papers came to know about the ex parte order; after filing a search memo and receiving papers, he came to know that there are observations in records that the summons were served upon him on 15.06.2009; since no written statement was filed by him, the matter was ordered to be listed under the caption “Undefended board” and the applicant was set ex parte.

2.2. The applicant got surprised that some counsel had entered appearance in the Court by stating that he was engaged by the applicant; the applicant had never met any Advocate and engaged his or her services to represent him in the suit and he did not sign any vakalat or any papers