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2003 Supreme(Mad) 1037

A.KULASEKARAN
M. Periasamy and others – Appellant
Versus
Korrai Kula Kongu Vellalargal represented by S. Ramasamy Gounder and others – Respondent


Advocates:
Sekar, for M/s.Sarvabhauman Associates, for Petitioners.

ORDER: Defendants 5 to 21 are the petitioners in this revision. The plaintiffs have filed the suit O.S. No.503 of 1994 for a declaration to declare that the suit temples are denominal exclusively belonged to the plaintiff’s sect and to restrain the defendants and their men from in any way interfering with the management or affairs of the suit temples by granting permanent injunction.

2. Pending suit, the petitioners herein were impleaded as defendants 5 to 21 in the suit by way of an application filed by them to implead. The petitioners herein were set ex parte on 28.1.1998 on the ground that they have not filed written statement. The petitioners herein have filed LA. No.519 of 2002 under O.9, Rule 7 and Sec. 151 of C.P.C. to set aside the ex parte decree passed against them on 28.1.1998, which was dismissed by the trial Court, hence this revision.

3. The case of the petitioners before the trial Court is that they were unable to file written statement in time since their counsel has inadvertently sent the written statement duly signed by them along with the papers relating to W.P. No.4484 of 1995 to the counsel at Madras. The plaintiffs/ respondents have opposed the said application







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