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2008 Supreme(Mad) 4043

M.VENUGOPAL
K. F. Jacob – Appellant
Versus
Estate of M. A. Browne (deceased) by Administrator J. Prabhu S/o. John Andrade Advocate, Law Chambers – Respondent


Advocates Appeared:
For the Petitioner:M. Suresh Viswanath, Advocate.
For the Respondent:S.K. Rekhunathan, Advocate.

Judgment :-

The revision petitioner/defendant/petitioner has projected this civil revision petition as against the order dated 24.06.2008 passed in I.A.No.714 of 2007 in O.S.No.211 of 2005 by the learned District Munsif Court, Nilgiris at Udhagamandalam in dismissing the application filed by the revision petitioner/defendant praying to reject the suit on the question of law.

2. The trial Court, while passing orders in I.A.No.714 of 2007, has among other things observed that admittedly, the main suit in O.S.No.211 of 2005 has been filed by the respondent/plaintiff in the capacity of the Administrator of the Estate of deceased M.A. Browne, for recovery of rent arrears and that the suit has been filed on 12.09.2005 before this Court and that the petitioner herein, the defendant of the main suit has filed written statement and after that issues have been framed by this Court on 9. 2006 and the case is posted for trial and subsequently, on 8. 2007 PW1 was examined in chief and the suit is posted for cross examination of PW1 etc. and resultantly, dismissed the application.

3. The learned counsel for the revision petitioner contends that the suit filed by the respondent/plaintiff is an ab











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