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2005 Supreme(Mad) 303

PRABHA SRIDEVAN
M. Sinnamani & Another – Appellant
Versus
G. Rajashankar & Others – Respondent


Advocates Appeared:For the Petitioners:T.R. Rajagopalan, Senior counsel, Aiyar and Dolia, Advocates. For the Respondents:A. Sankarasubramanian, Advocate.

Judgment :-

(Prayer: This Civil Revision Petition is preferred under section 115 of C.P.C to set aside the order dated 17.11.2003 made in I.A.No.895 of 2003 in O.S.No.157 of 2000 passed by the Prinicipal District Munsif, Thoothukudi.)

This Revision has been filed against the order of dismissing the application for condonation of delay of 753 days in filing the petition to set aside the exparte decree.

2. The suit was filed by the first respondent against 7 defendants for declaration that the suit property belongs to him absolutely and for other reliefs. The petitioners are defendants 3 and 4. The first respondent/plaintiff is the son of A.M.M.S.Ganesa Nadar and the 2nd and 3rd respondents are his Brothers. The 4th and 5th respondents are son of the 2nd respondent, and 6th respondent is the son of the 3rd respondent.

3. In order to obtain a declaration that he is in absolute possession and enjoyment of the property, the suit was initiated. An exparte decree was passed on 16.3.2001. The petitioners filed an application under Section 5 of Limitation Act for condoning the delay of 753 days in filing the application to set aside the exparte decree. The first respondent contested the appli




















































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