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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
Mangalchand Ostwal – Appellant
Versus
Jawahira Nabi – Respondent
| Table of Content |
|---|
| 1. application to set aside ex-parte order. (Para 1 , 2) |
| 2. respondent's counterarguments. (Para 3) |
| 3. court's decision to allow application. (Para 4 , 5) |
O R D E R
This application has been filed by the applicants / defendants to set aside the exparte order passed against them on 18.07.2024.
2. According to the applicants, they are defendants in the suit. The respondent / plaintiff filed a suit for relief of recovery of money based on the mortgage. Due to non-filing of the written statement, this Court, set exparte the applicants on 18.07.2024. After appearance through learned counsel in this case, the applicants applied for some documents and they were unable to get those documents, therefore, they were not able to file the written statement within the time and hence this Court set exparte the applicants. Now, after receiving the said documents, the applicants have filed the written statement along with this application, therefore prayed to allow the present application.
3. The learned counsel appearing for the respondent / plaintiff submits that already an opportunity has been granted to the applicants / defendants to file those documents, but they have failed to avail
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