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2010 Supreme(Mad) 504

R.MALA
B. S. Santhilal (deceased) & Others – Appellant
Versus
J. Samidurai & Another – Respondent


Advocates Appeared:
For the Petitioners:S. Mahimai Raj, Advocate.
For the Respondents:D. Ravi Chandran, Advocate.

Judgment :-

This Civil Revision Petition has been filed against the order passed by the Principal District Judge, Puducherry, on 24.09.2007, dismissing the I.A.No. 253 of 2006 in unnumbered O.S. Of 2006 and rejecting the plaint.

2. The learned counsel for the petitioners would submit that the defendants/respondents herein borrowed Rs.3,60,000/-and agreed to repay the same with interest at the rate of 24% p.a. and executed a promissory note on 010. 2001. The first defendant/first respondent issued a cheque for Rs.30,000/-, dated 011. 2001, which was dishonoured as "Funds Insufficient". Hence, the plaintiff/first petitioner filed a suit on 010. 2004 for recovery of money due on the promissory note, but the same has been returned for payment of deficit court fee and to rectify the defect, two weeks time has been granted. But, the plaintiff/first petitioner has not rectified the defect and represented the plaint in time. He filed the application in I.A.No. 253 of 2006 under Section 151 of C.P.C. to condone the delay of 729 days in representing the plaint. The application in I.A.No. 253 of 2006 was dismissed by the Principal District Judge, Puducherry, by the impugned order dated 24.09.2
































































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