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1955 Supreme(Mad) 325

GOVINDA MENON, RAMASWAMI GOUNDER
Marimuthu Goundar – Appellant
Versus
Ponnammal – Respondent


Advocates:
E.R. Krishnan for Petitioner.
T. Raghavan for Respondent.

Ramaswami, J. - This Civil Revision Petition has been posted before a Bench at the instance of one of us on account of the important practice in procedure involved.

The facts are: An ex parte decree was passed against the second defendant in S.C.S. No. 1852 of 1950 on 19th November, 1952. The second defendant filed I.A. No. 391 of 1952 on 20th November, 1952, to set aside the ex parte decree. No security was furnished along with the application. It was stated in the affidavit that the petitioner was prepared to give security for the decree amount. During the pendency of LA. No. 391 of 1952 the second defendant filed LA. No. 392 of 1952 on 6th December 1952. requesting the Court to accept the security bond. On 19th December 1952, adhesive stamps for eight annas were affixed to a separate sheet of paper and that sheet was attached to security bond. The District Munsif passed orders on 19th December, 1952, that the security was accepted and posted the application for counter-statement and disposal. The plaintiff opposed both the petitions LA. Nos. 391 and 392 of 1952 on the ground that the security bond was not filed and registered within the period of limitation.

The learned District M



























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