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2007 Supreme(Mad) 4327

M.VENUGOPAL
Doss & Another – Appellant
Versus
Vamanan & Another – Respondent


Advocates:
For the Petitioners:L. Damodaran, Advocate. For the Respondents:
V. Kannan, Advocate.

Judgment :-

The civil revision petitioners/applicants/judgment debtors have filed E.A.No.123 of 2003 under Or.21, R.106 of C.P.C. in E.P.No.20 of 2003 in O.S.No.2077/97 on the file of District Munsif Court, Alandur, praying to set aside the exparte order dated 11.09.2003. The civil revision petitioners take a plea before this Court that E.P.No.20 of 2003 was posted on 11.09.2003 for their appearance and because of the non receipt of any notice/letters, they were not aware of the existence of the aforesaid case and the revision petitioners came to know about the exparte decree passed in O.s.No.2077 of 200. Only when the Bailiff came to their premises for executing the warrant of eviction and that the first civil revision petitioner is working in a private apartment as Watchman and his wife, being the second civil revision petitioner is working as a maid servant and they used to go to their job early in the morning and return late in the evening and therefore, they were not served with any notice/summons and that at any point of time they are not refused the processes of the Court.

2.The respondents/decree holders/plaintiffs have filed their counter to the E.A.No.123 of 2003 stating t


























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