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1949 Supreme(Mad) 345

KRISHNASWAMI NAYUDU
R. M. Muthukrishnan Chettiar – Appellant
Versus
R. M. Muthalagiri Chettiar – Respondent


Advocates:
A. Swaminatha Ayyar for Petitioners.
V. Ramaswami Ayyar for Respondents.

Judgment

Plaintiff and the third defendant are the petitioners. Plaintiff instituted O.S. No. 7 of 1946 for passing a decree in terms of an award, the dispute being between defendants 1 and 2 and the third defendant. This revision petition is against the order of the District Judge of Ramnad allowing an appeal filed by defendants 1 and 2 against the order of the Subordinate Judge of Devakottai, dated the 3rd February, 1947, dismissing the application for setting aside an ex parte decree passed on the 26th February, 1946. The application I.A. No. 546 of 1946 was filed under provisions of Order 9, rule 13, and section 151 of the Civil Procedure Code for setting aside the ex parte decree passed against defendants 1 and 2 in O.S. No. 7 of 1946, the grounds alleged being that they were not served with notice. The learned Subordinate Judge found that notice had been served and dismissed the application. The appellate Court held on an examination of the evidence adduced before the trial Court that the evidence of R.Ws.1 and 2 could not be accepted and therefore held that the evidence regarding service was not quite satisfactory and accepted the evidence of defendants 1 and 2 as against tha



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