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1997 Supreme(Mad) 709

RENGASAMY
Mrs. S. Rajalakshmi – Appellant
Versus
Ambiga Deivasigamani – Respondent


Appearing Advocates:Mr.R. Thiagarajan, Advocate for the petitioners in both Petitions.

Judgment :-

1. This revision is directed against the dismissal order passed in C.M.P.No.1345 of 1996 in A.S.SR.No.47457 of 1996 on the file of the Principal Judge, City Civil Court, Madras.

2. The said petition was filed under Section 5 of the Limitation Act to condone the delay of 1373 days in filing the appeal. The respondent herein filed the suit for ejectment in O.S.No.3366 of 1987 before the XIV Assistant Judge, City Civil Court, Madras, and the same was decreed ex parte on 20.1.1993. Even though the revision petitioners herein subsequently filed the petition to set aside the ex parte decree passed against them, along with an application to condone the delay of 10 days, the trial court refused to condone the delay and dismissed the petition. Thereafter, a revision was filed before this Court and the same was dismissed on 5.2.1996 and ultimately, an S.L.P. was filed before the Supreme Court and the Supreme Court also rejected the S.L.P. on 7.5.1996 refusing to condone the delay of 10 days in filing the petition to set aside the ex parte decree. It is only thereafter, the petitioners thought of filing an appeal against the ex parte decree passed on 20.1.1993. As there was a dela







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