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2006 Supreme(Mad) 3471

S.ASHOK KUMAR
Sakthivel – Appellant
Versus
Dhandapani – Respondent


Appearing Advocates:For the Petitioner:N. Manoharan, Advocate. For the Respondent:Rita Chandrasekaran, Advocate.

Judgment :-

(Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 20.7.2006 made in I.A.No.477 of 2005 in O.S.No.171 of 2002 on the file of the Sub Court, Dharapuram.)

Aggrieved over fair and decreetal order dated 20.7.2006 made in I.A.No.477 of 2005 in O.S.No.171 of 2002 on the file of the Sub Court, Dharapuram, this civil revision petition is filed.

2. Brief facts of the case are as follows:

The petitioner is the plaintiff, who filed the suit in O.S.No.171 of 2002 for recovery of a sum of Rs.1,35,434/- based on a promissory note said to have been executed by the respondent/defendant. Initially the suit was decreed exparte on 10.06.2004. Subsequently the petitioner has initiated execution proceedings in E.P.No.71 of 2004. The petitioner has also filed I.A.No.531 of 2002 for attachment of the property but the defendant has produced security. The said application was closed accepting the security furnished by the respondent/defendant. During the execution proceedings, the petitioner has filed a petition to set aside the exparte decree and the same was allowed thereafter the defendant/respondent has also filed I.A.No.477
































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