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2000 Supreme(Mad) 795

PRABHA SRIDEVAN
N. S. Yamuna – Appellant
Versus
A. Venugopal – Respondent


Advocates Appeared:
M/s. N.L. Rajah, Advocate for Petitioner.
Mr. A. Venugopal, Advocate for Respondent.

Judgment :

1. The civil revision petition is against an order passed in I.A.No.4318 of 2000 in O.S.No.4002 of 1999 on the file of the III Assistant Judge, under Order 9, Rule 7, CPC.

2. The petitioner is the defendant against whom an exparte order was passed on 10.3.2000 in the suit filed by the respondent for recovery of a sum of Rs. 1,81,600 with interest. So the petitioner filed the above interlocutory application to set-aside the exparte order. This was allowed by the learned Judge on condition the petitioner deposits the suit claim within a month from the date of the order and paid the cost of Rs.200, failing which the petition would stand dismissed. Aggrieved by this the present civil revision petition has been filed.

3. Mr. N.L. Rajah, learned Counsel for the petitioner submitted that the said order imposed a very onerous condition which was not warranted in the circumstances, and it resulted out of a highly irregular exercise of jurisdiction. According to the learned Counsel for the petitioner on 13.2.2000 and 29.2.2000 which were the dates fixed for appearance of the parties both parties did not appear because there was a boycott of Courts by the advocates. The matter was





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