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2009 Supreme(Mad) 3098

M.VENUGOPAL
N. Kathirvel – Appellant
Versus
N. Kalimuthu Gounder & Another – Respondent


Advocates Appeared:
For the Petitioner:V.V. Sathya, M.V. Venkateseshan, Advocates.
For the Respondent:Anandha Gomathi, Advocate.

Judgment

1. The revision petitioner/petitioner/first defendant has filed this civil revision petition as against the order dated 14.02.2008 in I. A. No.231 of 2007 in O.S. No.488 of 1999 passed by the Learned Principal Subordinate Judge, Coimbatore in dismissing the application filed under Section 5 of the Limitation Act, praying to condone the delay of 268 days in filing the application to set aside the exparte decree dated 03.01.2006.

2. The trial Court while passing orders in I.A. No.231 of 2007 has among other things observed that on 03.01.2006 after full trial a decree has been passed, based on an appreciation of oral and documentary evidence adduced on both sides and it transpires from records that on 20.09.2005 the revision petitioners/first defendants, Advocate has reported no instructions and hence revision petitioner/first defendant has been called absent and set exparte decree etc., and also that no explanation has been offered for each and every days delay and inasmuch a decree has been passed after full contest and trial of the case an application filed is not maintainable and ultimately dismissed the same without costs".

3. According to the learned counsel for the revi














































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