Neat Copy

IN THE COURT OF THE SUBORDINATE JUDGE, AT TIRUVALLUR

I.A. No. of 2023

in
I.A. No. 3 of 2023
in
O.S. No. 13 of 2023
1. Mr. Loganathan
2. Mr. Sreenivasan
…. Petitioners / Defendants 3 and 4
-Vs-
Minor. Selvan. B. Rohith
Represented by his Guardian / Father
Mr. R. Babu
…. 1st Respondent / Plaintiff
Mr. Elumalai
Mr. Venkatesan
…. Respondents 2 and 3 / Respondents 1 and 2 / Defendants 1 and 2

AFFIDAVIT OF LOGANATHAN
I, Loganathan, S/o Chengaiah Chettiyar aged 56 years residing at
Sreenivasan street, Pullarambakkam Village and Post, Tiruvallur Taluk and
District do hereby solemnly affirm and sincerely state as follows:

1. I am the 1st Petitioner herein and 3rd Respondent / 3rd Defendant in the
above I.A. 3 of 2023.
2. I am filing this affidavit for myself and on behalf of the 2 nd Petitioner /
4th Respondent / 4th Defendant also who is similarly interested in the
above suit.
3. I submit that, the suit was posted on 20-09-2023 for filing Counter in I.A.
No. 3 of 2023 in O.S. No. 13 of 2023. I further submit that, I have applied
for copies of documents before the Sub-Registrar, Tiruvallur which are
very material to prepare and submit the Counter on my behalf. But I
could not get the same till 20-09-2023 and hence I could not furnish full
particulars to my counsel to prepare the Counter for I.A. No. 3 of 2023.
 -2-
4. After getting the documents, when I met my counsel, I was informed that
for non-filing of the Counter myself and the 4 th Respondent / 4th
Defendant were set Ex-Parte on 20-09-2023 itself. The non-filing of the
Counter on 20-09-2023 is neither wilful nor wanton but due to reasons as
narrated above.
5. Unless the Ex-Parte orders dated 20-09-2023 against me and the 4 th
Respondent / 4th Defendant in the above I.A. No. 3 of 2023 are set aside
and the Written statement filed by me is adopted as counter, I will be put
to much loss, hardship and inconvenience.
6. It is therefore just and necessary that this Hon’ble court may be pleased to
set aside the Ex-Parte orders dated 20-09-2023 passed in the above I.A.
No. 3 of 2023 as against me and the 4 th Respondent / 4th Defendant and
pass further suitable orders and render justice accordingly.

Solemnly affirmed and signed before 1st Petitioner / 3rd Respondent /

me at Tiruvallur on 01-11-2023. 3rd Defendant

Advocate, Tiruvallur.
 Neat Copy
IN THE COURT OF THE SUBORDINATE JUDGE, AT TIRUVALLUR

I.A. No. of 2023

in
I.A. No. 3 of 2023
in
O.S. No. 13 of 2023

1. Mr. Loganathan
2. Mr. Sreenivasan
…. Petitioners / Defendants 3 and 4
-Vs-
Minor. Selvan. B. Rohith
Represented by his Guardian / Father
Mr. R. Babu
…. 1st Respondent / Plaintiff
Mr. Elumalai
Mr. Venkatesan
…. Respondents 2 and 3 / Respondents 1 and 2 / Defendants 1 and 2

PETITION FILED UNDER ORDER-9, RULE-7 OF CPC

For the reasons stated in the accompanying affidavit, it is prayed that this
Hon’ble court may be pleased to set aside the Ex-Parte orders dated 20-09-2023
passed in the I.A. No. 3 of 2023 in O.S. No. 13 of 2023 as against the
Petitioners / Respondents 3 & 4 / Defendants 3 & 4 and pass further suitable
orders and render justice accordingly.

Counsel for Petitioners / Respondents 3 &4 /

Defendants 3 & 4
 IN THE COURT OF THE
SUBORDINATE JUDGE
AT TIRUVALLUR

I.A. No. of 2023

in
I.A. No. 3 of 2023
in
O.S. No. 13 of 2023
Mr. Loganathan
Mr. Sreenivasan
…. Petitioners / Defendants 3 and 4
-Vs-
Minor. Selvan. B. Rohith
Represented by his Guardian / Father
Mr. R. Babu
…. 1st Respondent / Plaintiff
Mr. Elumalai
Mr. Venkatesan
…. Respondents 2 and 3 /
Respondents 1 and 2 /
Defendants 1 and 2

PETITION FILED UNDER ORDER-9,

RULE-7 OF CPC

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

Counsel for Petitioners / Respondents 3 & 4 /
Defendants 3 & 4
th
No. 1, 7 Cross Street, Jaya Nagar,
Tiruvallur-602001
Cell: 9443108708