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2005 Supreme(Mad) 326

S.SARDAR ZACKRIA HUSSAIN
K. Subramaniam – Appellant
Versus
S. Balashanmugam – Respondent


Advocates:
R.Aravind. for Petitioner
M.Palani, for Respondent.

ORDER: The revision petitioner is the defendant in O.S.No.8 of 1993 on the tile of the II Additional Sub Court. Coimbatore. The revision is tiled against the dismissal of the petition in I.A.No.295 of 2003 tiled under O.18. Rule 17, C.P.C in I.A.No. 1516 of 1999 in the above suit.

2. The petition I.A.No.295 of 2003 was filed to recall the defendant examined as R.W.I in I.A.No. 1516 of 1999 for further examination.

3. One Swami Subramania Chetty filed the suit O.S.No.8 of 1993 in forma pauperies for declaration and possession in respect of ‘B’ schedule property described in the schedule to the plaint, for past damages of Rs.7,500 and for future damages. The suit was filed on 11.10.1993. In the plaint it is stated that the plaintiff Swami Subramania Chetty by doing business in Bombay earned and on his return to Coimbatore. he purchased his ancestral property at Rangai Gounder Street sold to third party and he also purchased a vacant site in Mettupalayam Road, Coimbatore in 1932 and constructed two houses in the vacant site described in schedule ‘A’ bearing door Nos.357 and 358(Nev Door Nos.994 and 995 respectively). Door No.357 is ‘B’ schedule and the Door No.358 is ‘C’ schedule proper
























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