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1983 Supreme(Mad) 244

S.NAINAR SUNDARAM
M. Ramalingam – Appellant
Versus
Bhagwandas Mahesh Kumar Maheswari, Hindu Undivided Family By Kartha, Bhagwandas – Respondent


JUDGMENT

S. Nainar Sundaram, J.

1. The second defendant in C.S. No. 629 of 1979 on the file of the Original Side of this Court is the appellant in this appeal. The respondent is the plaintiff is the suit. The suit was laid by the plaintiff for specific performance of an agreement of sale. There are as many as eight defendants in the suit. The suit came to be laid on 27th November, 1979. Along with the suit, Application No. 4694 of 1979 was filed by the plaintiff for an order of injunction restraining alienations by the defendants, pending the suit. Interim injunction was granted on 6th December, 1979, in that application. The order of interim injunction was admittedly served on the second defendant on 12th January, 1980, along with the relevant papers. On 5th March, 1980, suit summons was affixed at the outer door of the premises in question and that is, old No. 23, new No. 9, Venkatesa Naicken Street, George Town, Madras, because, as per the evidence of the bailiff examined in this case as R.W. 1. attempts to serve personally on the second defendant on three different occasions proved futile since he could not be found. On 11th September, 1980, there was no appearance by the defenda












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