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2004 Supreme(Mad) 909

S.SARDAR ZACKRIA HUSSAIN
Chinnammal & Others – Appellant
Versus
Kuppusamy – Respondent


Advocates Appeared:For The Petitioners:N.Manoharan, Advocate. For The Respondent:S.R.Balasubramanian, Advocate.

Judgment :-

The plaintiffs 2 to 6 in O.S. No.841 of 1981 on the file of the Court of District Munsif, Thiruchengode, are the revision petitioners in this Civil Revision Petition. This revision is directed against the dismissal of R.E.P. No. 59 of 1992 on the file of the District Munsif, Thiruchengode.

2. The revision petitioners, viz., plaintiffs 2 to 6, are the widow, daughter and sons of deceased first plaintiff Perianna Nadar. Perianna Nadar filed suit in O.S. No.841 of 1981 against the respondent/defendant for specific performance of contract of sale pursuant to the agreement dated 15.7.1978 entered into between them, after causing lawyer's notice dated 04.02.1979 to which no reply was sent by the defendant. Though it appears that the defendant resisted the suit by filing written statement, he remained ex parte at the time of trial, which resulted in ex parte decree dated 11.02.1983. Originally, the suit was filed in O.S.No.661 of 1979 on the file of the Sub-Court, Salem, which was transferred to the Court of District Munsif, Thiruchengode, and renumbered as O.S. No. 841 of 1981. During the pendency of the suit, Kondappa Naicker and his wife Dhanalakshmi filed an application to




















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