COIMBATORE STOCK EXCHANGE LTD Vs. ASSOCIATED SECURITIES LTD

JUDGEMENT

(1.) AN order of the second Additional Subordinate Judge, Coimbatore in dismissing the application to condone the delay in re-presentation of an application which was filed to set aside the exparte decree passed in O. S. No. 50 of 1998 is the subject matter under challenge.

(2.) HEARD the learned Senior counsel appearing for the petitioner and there is no representation on behalf of the respondent.

(3.) TAKING into consideration the facts and circumstances of the case, this Court is of the considered opinion that so long as the application to set aside the exparte decree was filed in time, there was delay in re-presentation and the same has also been explained by way of an affidavit by the Clerk of the advocate and the defendant had no role to play, certainly the defendant who should be given an opportunity and should not be penalized for no fault of him.