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
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