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1998 Supreme(Mad) 403

M.KARPAGAVINAYAGAM
K. R. Chinnathambi Gounder – Appellant
Versus
Bhanumathy and Others – Respondent


Advocates:
S.Achuthan, for Petitioner. Ms.P.V.Rajeswari, for Respondents.

Judgment :

The petitioner is the second defendant.

.2. The plaintiff filed the suit in O.S.No.846 of 1990 against the Commissioner, Mugaiyur Panchayat Union as first defendant and the President, Kottamarudhur Panchayat Board as second defendant, the petitioner herein, praying for declaration and permanent injunction. When the matter was posted for filing of written statement on 22. 1992, the petitioner was not present in the court when called and hence, he was set ex parte. Then, the suit was proceeded in respect of the first defendant alone. On 18. 1997 the petitioner filed an application in I.A.No.618 of 1997 for setting aside the ex parte order.

3. The trial court heard both the parties. By the order dated 19. 1997, the lower court on consideration of the petition and the counter and submissions made by the respective counsel, dismissed the said petition, as there is no merit. Aggrieved over this impugned order, the petitioner has filed this revision before this Court.

4. Mr.Achuthan, the counsel for the petitioner would vehemently contend that the order under revision refusing to set aside the ex parte order is not on proper reason. In fact, it is contended that on the date o














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