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2006 Supreme(Mad) 3276

R.BANUMATHI
R. Jacob – Appellant
Versus
C. Prabakar – Respondent


Appearing Advocates:For the Petitioner:R. Balakrishnan, Advocate. For the Respondent:Suchit Anand Palande, Advocate.

Judgment :-

(PRAYER: Revision filed against the Fair Order and Decretal Order made in I.A.No.10600/2006 in O.S.No.5295/1996 dated 30.8.2006, by the II Asst. Judge, City Civil Court, Chennai.)

This Revision Petition arises out of the Order of II Assistant/City Civil Court, Chennai in I.A.No.10600/2006 in O.S.No.5295/1996, allowing the Petition under Section 5 of the Limitation Act and condoning the delay of 2006 days, on payment of cost of Rs.1,000/-.

2. Brief facts of the case are as follows :-

2.1. The Respondent/Plaintiff filed O.S.No.5295/1996 for Specific Performance. The Defendant has entered appearance and filed Written Statement denying execution of the Agreement of Sale. The suit was posted in the list on 15.11.2000. PW-1 was examined in Chief on 15.11.2000 and the case was adjourned to 21.11.2000. On 21.11.2000, there was no representation for the Defendant and hence the Defendant was called absent and the suit was decreed exparte on the same day i.e. on 21.11.2000. For execution of the Decree, Plaintiff has filed E.P.No.259/2006 and the Defendant has received Notice in the Execution Proceedings on 07.07.2006.

2.2. On receipt of Notice in the E.P., the Petitioner has filed I.















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