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2009 Supreme(Mad) 110

A.C.ARUMUGAPERUMAL ADITYAN
P. Rangasamy – Appellant
Versus
Avinashi Gounder & Another – Respondent


Judgment :-

This revision has been directed against the order in I.A.No.1837 of 2001, an application filed under Sections 148 & 151 of CPC and under Section 25 of the Specific Relief Act, in O.S.No.242 of 1996, a suit for specific performance of the contract, on the file of the Subordinate Court, Tiruppur. The learned trial Judge after hearing both sides has dismissed the said application on the ground that there is no reason to condone the delay of 1230 days in depositing the balance of sale consideration as per the decree in O.S.No.242 of 1996.

2. The learned counsel for the revision petitioner relying on 2006(3) CTC 418 (Gowri Ammal Vs. Murugan and others), would contend that this is a fit case in which the substantial justice shall be done to the revision petitioner since he has lost his son in an accident and since he was mentally upset, he could not deposit the balance of sale consideration of Rs.20,000/- within the time stipulated by the Court, as per the decree in O.S.No.242 of 1996. The facts of the said ratio are as follows:- The respondents in CRP.PD.No.836 of 2004 are the plaintiffs in O.S.No.16 of 1999, a suit for partition and separate possession. The 2nd defendant in







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