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2001 Supreme(Mad) 504

PRABHA SRIDEVAN
Reliance Industries Limited – Appellant
Versus
M. Rajkumari – Respondent


Advocates Appeared:
For the Petitioner:Mr. V. Nataraj, Advocate. For the Respondent:Mr. C. Jayachandran, Advocate.

Judgment :

1. The petitioner is the defendant against whom an ex parte decree was passed. The petitioner is aggrieved by the refusal to set aside the ex parte decree. The respondent filed O.S.No.5852 of 1997 for a declaration that she is a lawful owner of the Schedule mentioned shares and for a permanent injunction and for other reliefs. An ex parte decree was passed on 12.1.1998. The petitioner filed the application to set aside the ex parte decree on 1.3.1999 with a delay of 421 days. The reason given for the delay was not accepted by the Court below. Therefore, the civil revision petition is filed.

2. Mr. V.Natraj, learned counsel for the petitioner submitted that the short cause title shows the address of the petitioner at 56, Mogra Village Lane, Andheri (E), Bombay 400 069. But actually the address is at Nariman point, Bombay 21 and therefore,, they did not have the knowledge of the ex parte decree immediately and had filed the application after they received information of the passing of ex parte decree though with a delay. He relied on the judgment of the Supreme court in N. Balakrishnan v. H. Krishnamurthy, 1998 (7) SCC 123 where the Supreme Court held that the length of de










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