IN THE COURT OF THE HONOURABLE SUB-ORDINATE JUDGE AT

TIRUVALLUR.
I.A. No. of 2023
in
O.S No. 33 of 2013
1. Therasa
2. Melwin D’ Souza
3. Naveen D’ Souza …Petitioners/Defendants 1 to
3
-Vs-
1. Mary Ethalveena
2. Mary clemence
3. Mary Asandha …. Respondents / Plaintiffs

AFFIDAVIT OF A.VENKATESAN
I, A.Venkatesan, S/o. Arumugam, aged 46 years, residing at Kilanur
Village and Post, Tiruvallur Taluk and District do hereby solemnly affirm and
sincerely state as follows :-

1. I am the registered advocate clerk of Mr.R.Damodaran, Advocate who

is appearing for the above Petitioners/ Defendants 1 to 3 in the above
proceedings.

2. I submit that the petitioner filed Under Order-9, Rule-13 of CPC and
Under Section-5 of Limitation Act were returned by this Hon’ble court on
07.06.2023 granting one month time to comply with the returns.

3. I submit that after taking return of the said applications, I misplaced it

in some other case bundle in the office and hence they could not be represented
after compliance by the petitioner’s counsel in time.

4. I submit that now there is a delay of 88 days in representing the said

applications after compliance of the returns. The delay is neither wilful nor
wanton but only due to circumstances narrated above.
 -2-
5. Unless the delay of 88 days in representing the applications submitted
herewith filed Under Order-9, Rule-13 of CPC and Under Section-5 of
Limitation Act is condoned the petitioner will be put to much hardship and
inconvenience.

6. It is therefore just and necessary that this Hon’ble court may be pleased
to condone the delay of 88 days in representing the applications filed Under
Order-9, Rule-13 of CPC and Under Section-5 of Limitation Act and pass
further suitable orders and render justice accordingly.

Deponent
Solemnly affirmed and signed before me at Tiruvallur on 04.10.2023

Advocate, Tiruvallur
IN THE COURT OF THE HONOURABLE SUB-ORDINATE JUDGE AT
TIRUVALLUR.
I.A. No. of 2023
in
O.S No. 33 of 2013
1. Therasa
2. Melwin D’ Souza
3. Naveen D’ Souza …Petitioners/Defendants 1 to
3
-Vs-
1. Mary Ethalveena
2. Mary Clemence
3. Mary Asandha …. Respondents / Plaintiffs
PETITION FILED UNDER SECTION 151 OF CPC

For the reasons stated in the accompanying affidavit, it is prayed that this
Hon’ble court may be pleased to condone the delay of 88 days in representing
the applications Under Order-9, Rule-13 of CPC and Under Section-5 of
Limitation Act filed by the petitioners/ defendants 1 to 3 and pass further
suitable orders and render justice accordingly.
Particulars of Delay
Petitions Returned on 07.06.2023.
Days of delay
In June-2023 – 23 days
In July-2023 - 31 days
In August-2023 - 31 days
In September-2023- 30 days
In October – 2023 - 3 days
-------------------------------------------------
Total - 118 days
-------------------------------------------------
Time granted for representing - 30days
 -------------------------
Hence days of delay – 88 days
-------------------------
Counsel for Petitioners/ Defendants 1 to 3
IN THE COURT OF THE
HONOURABLE SUB-ORDINATE
JUDGE AT TIRUVALLUR.
I.A. No. of 2023
in
O.S No. 33 of 2013
1. Therasa
And 2 others
…Petitioners/Defendants 1 to
3

-Vs-
1. Mary Ethalveena
And 2 others
…. Respondents / Plaintiffs

PETITION FILED UNDER

SECTION 151 OF CPC

Mr. R. DAMODARAN, B.Sc., B.L.,

Counsel for the Petitioners/
 Defendants 1to 3
th
No. 1, 7 Cross Street, Jaya Nagar,
Tiruvallur-602001
Cell: 9443108708