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2011 Supreme(Mad) 3229

S.TAMILVANAN
K. M. Balasubramaniam – Appellant
Versus
C. Loganathan – Respondent


Advocates Appeared:
For the Petitioner:V. Raghavachari for N. Manoharan, Advocates.
For the Respondents:R1 - A.K. Kumarasamy, Advocate, R2 - AR.L. Sundaresan, Senior Counsel for P. Valliappan, Advocate.

JUDGMENT :-

1. This Civil Revision Petition has been preferred against the order dated 29.10.2009, made in I.A.No.129 of 2009 in O.S.No.656 of 2002, on the file of the First Additional Sub-Court, Erode.

2. The Revision Petitioner herein is the Defendant in O.SNo.656 of 2002, seeking a money decree for a sum of `1,23,200/- to be paid by the Revision Petitioner/Defendant with interest and cost and the Suit was decreed ex parte. The Revision Petitioner herein as Defendant filed an Interlocutory Application in I.A.No.129 of 2010 seeking an order to condone the delay of 1581 days in representing the Application to set aside the ex parte decree.

3. In the Counter Affidavit, the First Respondent/Plaintiff has stated that the Petitioner had filed the above Application after four years and four months to condone the delay in representing the Petition to set aside the ex parte decree, only with a view to protract the proceeding and that there was no Affidavit filed in support of the Petition filed by him. Instead of filing Affidavit, only an attested statement was filed. Further, the First Respondent/Plaintiff has stated that the averments of the Petitioner made in the Petition are false. It i



























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