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2005 Supreme(Mad) 1381

R.BANUMATHI
R. Dhanushkodi Nadar & Others – Appellant
Versus
N. Dhanabalan – Respondent


Advocates Appeared:For the Petitioners:M.S. Sureshkumar, Advocate. For the Respondent:T.N. Bharath Nachiappan, Advocate.

Judgment :-

(Civil Revision Petition filed under Section 115 C.P.C against the order dated 04.10.2002 passed by the learned Principal Subordinate Judge, Madurai in I.A.No.100 of 1997 in O.S.No.1269 of 1994,as stated therein.)

This Civil Revision Petition arises out of the order of dismissal dated 04.10.2002 passed by the learned Principal Subordinate Judge, Madurai in I.A.No.100 of 1997 in O.S.No.1269 of 1994, dismissing the Petition filed under Order VIII Rule 6-A C.P.C, declining the permission to the Defendants to make their counter claim by way of Additional Written Statement. The Defendants / Landlords are the Revision Petitioners.

2. O.S.No.1269 of 1994:- The Suit is based on the Promissory Note. Case of the Plaintiff is that the First Defendant borrowed a sum of Rs.75,000/- from the Plaintiff on 12.12.1991 for putting up a new building construction in her own vacant place situated at Sudalaimuthu Pillai Lane, Madurai. Evidencing the borrowal, the First Defendant had executed the Promissory Note on 12.12.1991 agreeing to repay the said amount together with interest at Re.1/- per Rs.100/- per mensem on demand. Inspite of repeated oral demands, the First Defendant has not paid t
























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