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2011 Supreme(Mad) 203

S.TAMILVANAN
S. D. Muhaiah Gowder – Appellant
Versus
C. Marimuthu – Respondent


Advocates Appeared:
For the Petitioner:S. Mukuth, Advocate.
For the Respondent:S.K. Rakhunathan, Advocate.

JUDGMENT :-

1. This Civil Revision has been preferred challenging the order dated 19.1.2009 made in I.A No. 1258 of 2008 on O.S. No. 76 of 2004 on the file of the District Munsif Court, Sathyamangalam, Erode District.

2. The Petitioner herein was the Defendant in the Suit in O.S. No. 76 of 2004, that was filed by the Respondent herein in year 2000 before Subordinate Court, Gobichettipalayam seeking a money decree, based on a promissory note dated 10.1.1997 executed for a sum of Rs. 25,000/-. It is seen that on 6.9.2001, the Suit was decreed ex parte as there was no representation for the Petitioner/Defendant and the Petitioner/Defendant was also called absent, though the case was posted for trail in the special list, subsequently, the Petitioner herein filed a Petition under Order 9, Rule 13 of Civil Procedure Code to set aside the ex parte decree. After hearing both sides, on 14.11.2003 the ex parte decree was set aside by the said Court and the case was again taken on file.

3. On 19.2.2004, in view of the pecuniary jurisdiction statutorily raise, the case was transferred to District Munsif Court, Sathyamangalam and re-numbered as O.S. No.76 of 2004 on the file of the said Court. W








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