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1996 Supreme(Mad) 903

S.JAGADEESAN
Krishnammal and Another – Appellant
Versus
Arulmighu Madanagopalaswamy Temple represented by its Executive Officer, Perambalur – Respondent


Advocates:
S.Parthasarathy for M/s.Sarvabhauman Associates, for Petitioners.
A.K. Ramaswamy, for Respondent.

Judgment :

By consent of both the counsel, the civil revision petition itself is taken up for final disposal. The petitioners are the defendants in O.S. No.54 of 1992 on the file of District Munsif Court, Ariyalur. The respondent herein filed the said suit originally on the file of the District Munsif Court, Perambalur. For administrative reasons, by order dated 21. 1992 the suit was transferred to the District Munsif Court. Ariyalur and the first hearing was posted on 13. 1992, on which date the counsel for the plaintiff filed vakalat on behalf of the plaintiff. Notice was ordered to the defendants by 30.3.1992. The matter was adjourned to 30.4.1992 by extending the time for parties appearance. On 30.4.1992 the matter was adjourned to 20.7.! 992 for the appearance of the defendants. However, on 26. 1992, on an application filed by the plaintiff, the hearing of the suit was advanced to 26. 1992. On that date, the ex parte decree was passed.

2. The petitioners herein filed an application I.A. No.625 of 1993 to condone the delay of 380 days in filing the application for setting aside the ex parte decree in the said suit. The said application was dismissed by the trial court, against
















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