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2002 Supreme(Mad) 1581

V.KANAGARAJ
Venkatalakshmi @ Rathnamma – Appellant
Versus
Bayamma & Others – Respondent


Advocates Appeared:For the Petitioner:Mr.C.R.Muralidharan, Advocate. For the Respondents:R3 Mr.V.Nicholas, Advocate, No appearance for R2& R4 to R13.

Judgment :-

This civil revision petition is directed against the fair and decretal order dated 17.12.1996 made in C.M.A.No.16 of 1996 by the Court of Subordinate Judge, Hosur thereby confirming the fair and decretal order dated 18.03.1994 made in I.A.No.253 of 1990 in O.S.No.89 of 1978 by the Court of District Munsif, Hosur on certain grounds, such as that both the Courts below have erred in rejecting the application to set aside the exparte decree made against the petitioner, particularly when the petitioner was shown to be a minor on the date of passing of the exparte decree and the petitioner not being aware of the pendency of the litigation; that the Courts below have erred in holding the contention of the petitioner regarding her relationship with her mother was not cordial is unbelievable and has rejected the same; that the 5th defendant to the suit, the petitioner's mother was appointed as guardian in the suit and she engaged an Advocate and filed the written statement and subsequently, she did not evince any interest in the suit when it was taken up for trial and they both have been set exparte, while other defendants contested the suit resulting in the suit being decreed o


















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