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1998 Supreme(Mad) 167

M.KARPAGAVINAYAGAM
Muthusamy – Appellant
Versus
Indian Overseas Bank, Alangulam, through its Branch Manager – Respondent


Advocates:
Mr.S. Sundaragopal Advocate for Petitioner

Judgment :

1. This Civil Revision Petition is directed against the fair order and decretal order dated 8. 1997 passed in I.A.No.471 of 1995 in O.S.No.215 of 1988 on the file of the learned Principal Subordinate Judge, Srivilliputhur.

2. The petitioner is the first defendant in the suit filed by the respondent herein in O.S. No.214 of 1988 for recovery of Rs. 3,52,8855. Ten defendants were set ex parte. The petitioner/first defendant alone contested the suit by filing a written statement. On 2. 1993 the petitioner also was set ex parte and preliminary decree has been passed.

3. Thereafter, the respondent herein filed I.A.No.1146 for passing a final decree in the above said suit. On coming to know about the ex parte decree passed in the above suit, on receipt of notice in the above said application, the petitioner filed an application in I.A.No.471 of 1995 to condone the delay of 410 days in filing the application to set aside the ex parte decree on the ground that the counsel for the petitioner did not inform him the date of trial of the suit.

4. This application was resisted by the plaintiff, the respondent herein, contending, that earlier the petitioner was set ex parte and t



































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