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2009 Supreme(Mad) 3069

V.PERIYA KARUPPIAH
S. S. Iyyappan – Appellant
Versus
J. P. Balasubramanian – Respondent


Advocates appeared:
For the Petitioner:C.T. Mohan, Advocate.
For the Respondent:C. Uma, Advocate.

Judgment :-

This revision has been preferred by the petitioner/plaintiff against the order passed by the lower Court condoning the delay of 264 days in filing the restoration petition in I.A.No.1032 of 2003. The lower Court has, after going through the facts and circumstances of the case arising out of the affidavit and counter file on either side, condoned the delay of 264 days on payment of cost of Rs.750/-.)

2.The brief facts of the case are as follows:-

The plaintiff/revision petitioner had filed the suit O.S.No.580 of 2001 before the lower Court against the defendants for permanent injunction. The second defendant/respondent herein was set exparte in the said suit. To set aside the exparte order, the second defendant/revision petitioner herein had filed an application I.A.No.1989 of 2002 along with the written statement. But without disposing I.A.No.1989 of 2002, the lower Court had passed an exparte decree in the suit. So, the second defendant/respondent herein had filed an application I.A.No.1032 of 2003 to set aside the exparte decree. When I.A.No.1032 of 2003 was posted for enquiry on 27.06.2005, the learned counsel for the second defendant/respondent herein could not reac














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