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1995 Supreme(Mad) 123

ABDUL HADI
Sahu Dawood Ammal – Appellant
Versus
Muniammal and Others – Respondent


Appearing Advocates: For

Judgment :-

This petition coming on for orders as to admission on this day upon perusing the petition, the orders of the lower Court and upon hearing the arguments of Mrs. Hema Sonpath, Advocate for the petitioner and of Mr. S. V. Jayaraman, Advocate for the respondents, the Court made the following order:

The fourth defendant in O. S. No. 73 of 1991 on the file of the sub-Court, Ramanathapuram at Madurai at is the petitioner in this revision petition against the order dated 8-8-1994 in I.A. No. 362 of 1993 in the said suit. The said suit was filed by the four plaintiffs that is one Gurunathan, the second plaintiff and the other plaintiffs who are his mother, sister and grand-mother. When the said suit was dismissed for default of appearance of the plaintiffs on 29-4-1993, the second plaintiff Gurunathan alone has filed the above said I. A. under Order 9 Rule 9 C.P.C. for setting aside the dismissal of the above said suit. Though the cause title of the impugned orders shows that all the four plaintiffs have filed the said I.A., the body of the order clearly shows that only the said Gurunathan has filed the said I.A. No doubt, the body of the impugned order says that he has filed the





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