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2005 Supreme(Mad) 1345

R.BANUMATHI
K. Perumal – Appellant
Versus
D. M. Kandasamy – Respondent


Advocates Appeared:For the Petitioner:N. Manokaran, Advocate. For the Respondent:K. Yamunan, Advocate.

Judgment :-

(Civil Revision Petition is preferred against the order of the Subordinate Judge, Sankari, made in I.A.No. 765 of 2002 in I.A.No. 527 of 2002 in O.S.No. 164 of 2002 dated 19-06-2003.)

This Revision is preferred against the order of the Subordinate Judge, Sankari, made in I.A.No. 765 of 2002 in I.A.No. 527 of 2002 in O.S.No. 164 of 2002 dated 19-06-2003, dismissing the Application filed under Or.9 R.7 r/w. Sec.151 C.P.C., declining to set aside the exparte order passed in I.A.No. 527 of 2002. The Defendant is the Revision Petitioner.

2. The Plaintiff filed the Suit in O.S.No. 164 of 2002 on the basis of the Promissory Note for recovery of a sum of Rs.66,750/-, alleging that the Defendant has borrowed a sum of Rs.50,000/- and did not repay the amount inspite of repeated demands and Legal Notice.

3. The Defendant has filed the Written Statement contending that the Plaintiff and the Defendant are related and that they are known to each other for more than twenty years. The Defendant has further alleged that to sink a borewell in his land, there was insufficiency of funds and that he had borrowed a sum of Rs.10,000/- from the Plaintiff's Finance in 1985. For the borrowal of Rs













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