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1964 Supreme(Ker) 229

C.A.VAIDIALINGAM
APPIKUNJU MEERASAYU – Appellant
Versus
MEERAN PILLAI – Respondent


Judgment :-

1. In this revision Mr. K. S. Paripoornan learned counsel for the plaintiff challenges the order of the learned Subordinate Judge, Attingal directing the plaintiff to state the value of the property which is the subject of the suit and to pay the necessary court-fees under S.40 (1) of the Kerala Court fees Act. The plaintiff purchased the property in question on 27101952 from the second defendant for a sum of Rs. 15,000'-.

2. The first defendant instituted O. S.21/1125, Munsiffs Court, Nedumangad against the second defendant for recovery of possession of the properties. Notwithstanding that the suit appears to have

been dismissed for default in the first instance on 19121952, the first defendant filed an application in that suit for restoration which again was dismissed on 18 81953. But the first defendant appears to have filed a second application for restoring the suit which had been dismissed for default. But in respect of that proceeding it is seen that the second defendant appears to have been exparte and ultimately the suit itself was directed to be restored and decreed in favour of the first defendant on 111155 against the present second defendant who was exparte.



















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