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2009 Supreme(Mad) 947

M.VENUGOPAL
Poonkodi – Appellant
Versus
Subramania Chettiar – Respondent


Advocates Appeared:
For the Petitioner:G. Sridharan, Advocate.
For the Respondent:K. Guhan for M/s. Krishnaveni, Advocates.

Judgment

1. The civil revision petitioner/defendant has filed this revision petition as against the order dated 15.06.2007 in I.A.No.184 of 2006 in O.S.No.72 of 2001 passed by the learned Subordinate Judge, Kulithalai, in dismissing the application filed by the revision petitioner under Section 5 of the Limitation Act, praying for condonation of delay of 1199 days in filing the petition to set aside the ex-parte decree.

2. The trial Court while dismissing the I.A.No.184 of 2006 has opined that the reasons ascribed by the revision petitioner in her affidavit cannot be accepted and resultantly, dismissed the application without costs.

3. Assailing the order of the trial Court passed in I.A.No.184 of 2006, the learned Counsel for the revision petitioner contends that the trial Court has committed an error in dismissing the application on the ground that the revision petitioner has been careless and further, has not followed up the matter with one Vadivel, etc. and that she has been negligent in conducting the proceedings and moreover, the trial Court should have seen that the respondent/plaintiff has obtained a decree for the entirety to the first item of the suit property fraudulentl






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