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2010 Supreme(Mad) 167

M.VENUGOPAL
Zulaika Bi – Appellant
Versus
Mohanamba & Another – Respondent


Advocates Appeared:
For Petitioner:A. Subramaniya Iyer, Advocate.
For Respondent:R1, V.R.Thangavelu, R2, V.G. Suresh Kumar, Advocates.

Judgment :-

The Petitioner/Appellant/Plaintiff has filed this Civil Revision Petition as against the order dated 31.08.2000 in C.M.P.No.970 of 1996 passed by the Learned VII Additional Judge, City Civil Court, Chennai in dismissing the petition praying to restore C.M.P.No.1563 of 1995 dismissed for default dated 19.06.1996 filed by the petitioner under Order 9 Rule 9 of Civil Procedure Code.

2.The Learned VII Additional Judge, City Civil Court, Chennai while passing orders in C.M.P.No.970 of 1996 dated 31.08.2000 has inter alia opined that the reasons mentioned in the petition to restore C.M.P.No.1563 of 1995 to file are an unacceptable one for the reason, earlier C.M.P.No.242 of 1992 has been dismissed, which fact has been known to the petitioner and again in C.M.P.No.1563 of 1995 which has been filed to restore C.M.P.No.242 of 1992, the petitioner has not appeared properly and also not taken proper steps and has adopted an indifferent attitude and therefore, the same has been dismissed on 19.06.1996 and therefore, the reasons ascribed in the petition to restore C.M.P.No.1563 of 1995 are not proper and consequently, dismissed the petition without costs.

3.The learned counsel for t











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