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1995 Supreme(Mad) 512

N.ARUMUGHAM
Kandasamy – Appellant
Versus
Rathinambal and Others – Respondent


Appearing Advocates:G. Masilamani Senior Counsel For M/s. T.P. Manoharan, T. Ravindran, M. Sagadevan, Advocates, R. Muthukrishnan, Advocates.

Judgment :-

Invoking the review jurisdiction of this Court under Order 47, Rule 1 of Code of Civil Procedure, the petitioner/appellant in C.M.P. No. 14563 of 1991 in S.A. No. 1659 of 1991 has filed this application to review the order passed by a learned single Judge of this Court, in the above petition, dated 7-4-1994 on the ground of legal error, grave injustice and apparent mistake.

2. The applicant is the sixth defendant in the suit, O.S. 137 of 1984 on the file of the First Additional Subordinate Judge, Pondicherry. The first respondent filed the suit against the respondents 2 to 6, the defendants 1 to 5 and the applicant herein for the relief of specific performance of an agreement of sale dated 27-4-1977 executed by the 2nd respondent for herself and on behalf of the respondents 3 to 5, agreeing to sell the suit property for a sum of Rs. 22,500/- in all. An advance of Rs. 13,780/- was received, agreeing to execute the sale deed within a period of six months from the date of the execution of the said agreement. Though the first respondent/plaintiff was ready and willing always to pay the balance and get the sale deed executed, respondents 2 to 5 did not comply with the demands




















































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