S JANAKI Vs. SWETHA ASSOCIATES

JUDGEMENT

(1.) 1.This is an appeal filed by the plaintiff to set aside the order passed in A.No.806 of 2008 in C.S.No.222 of 2006 by the learned Master, dated 21.10.2008 and to pass such further order as the court may deem it fit in the circumstances of the case.

(2.) IN A.No.806 of 2008, the learned Master, by an order, dated 21.10.2008 allowed the application filed by the defendant for condoning the delay of 541 days in filing the application to set aside the ex-parte decree on condition that the applicant in that application shall pay a sum of Rs.20000/- to the plaintiff. The said application was filed by the defendants under Order 14 Rule 10 of the Madras High Court Original Side Rules to condone the delay.

(3.) A counter affidavit was filed stating that the defendants have not taken any steps to file an application to obtain leave to defend the suit. He approached the court only after the E.P. notice was served. Therefore, his mistake cannot be excusable.