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2008 Supreme(Mad) 3686

V.PERIYA KARUPPIAH
Narayanamoorthi – Appellant
Versus
Sathish Kumar – Respondent


Advocates Appeared:
For the Petitioner:M/s. V. Manisekaran, Advocate.
For the Respondent:K. Kalyanasundaram, Advocate.

Judgment :-

This Civil Revision Petition has been filed by the defendant against the order dated 12.03.2008 made in I.A.No.301 of 2007 in I.A.No.71 of 2007 in O.S.22 of 2007 on the file of Sub Court, Udumalaipettai dismissing the application filed by the petitioner herein to set aside the ex parte order of attachment dated 05.04.2007 passed against him in I.A.No.71 of 2007.

2. The brief facts of the case of the parties before the trial Court are as follows:-

(a) According to the defendant, when the case was posted on 05.04.2007 for furnishing security bond, he could not able to attend the court as he was physically ill. After recovery, when he approached his counsel, he was given to understand that he was set ex parte and the case was posted for attachment and he was advised to file an application to set aside the ex parte order of attachment. The failure on his part to attend the Court is neither wilful nor wanton, but due to his illness. Hence, this petition.

(b) According to the plaintiff, on 05.04.2007 the defendant failed to attend the Court and there is no explanation in the affidavit as to the delay of 22 days in approaching the Court. The defendant suppressing the order dismi

















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