SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1976 Supreme(Mad) 265

S.SURYAMURTHY
Nataraja Iyer – Appellant
Versus
Nacharammal – Respondent


Advocates:
V. Sridevan, G. Masilamani and R. Balachander, for Appellant.
V. R. Venkataraman, for Respondent.

JUDGMENT.-This is a civil revision petition against the order of the learned Principal District Munsif, Mayuram, setting aside the ex parte decree passed in O.S. No. 201 of 1971 on a petition filed by the defendant and numbered as I.A. No. 1041 of 1973. The decree was passed on 1st June, 1971. The petition to set aside the ex parte decree was filed on 30th December, 1972 contending that the petitioner was not served with summons and that she came to know about the ex parte decree only on 14th December, 1972. This petition was resisted by the plaintiff who contended inter alia that the defendant was served with summons by post, that possession of the building in pursuance of the ex parte decree was also taken in execution proceedings, and that, therefore, the defendant should have been aware of the passing of the ex parte decree against her. The defendant contended that no possession was delivered and that only records have been created to make it appear that possession had been delivered. Her contention was that she had been granted patta by the Government for the suit site. The learned District Munsif found that only paper delivery had been made and that the plaintiff had not prov











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top