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2007 Supreme(Mad) 646

R.BANUMATHI
Subramani & Others – Appellant
Versus
Ramasamy & Another – Respondent


Advocates:
For the Petitioners:T. Dhanyakumar, Advocate. For the Respondents:N. Manokaran, Advocate.

Judgment :-

These Civil Revision Petitions are directed against the order of dismissal of Application filed under Section 5 of the Limitation Act, Application filed to set aside the abatement due to death of the First Defendant and the Application to bring on Legal Representatives of the Deceased First Defendant as parties to the Application.

2. 1. Relevant facts necessitated for disposal of these Revision Petitions are as follows:-Defendants are alleged to have entered into a Sale Agreement with the Plaintiff agreeing to sell the suit properties. Plaintiff has obtained an exparte decree for specific performance in O.S.No.117 of 1997 on 212. 1998. For Execution of the Decree, E.P.No.21 of 1999 was filed before Sub-Court, Sankari, which was later transferred to Sub-Court, Namakkal and renumbered as E.P.No.259 of 2002.

2. 2. After receipt of Notice in the Execution Petition, Defendants filed I.A.No.1441 of 2002 under Section 5 of the Limitation Act (for short "the Act") seeking condonation of delay of 657 days in filing the Petition to set aside the exparte decree. The Plaintiff has filed his Counter in I.A.No.1441 of 2002. When that Application was pending, the First Defendant died














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