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2006 Supreme(Mad) 3006

S.ASHOK KUMAR
A. Packiam – Appellant
Versus
Shree Raghavendra Chit Fund (P) Ltd. , rep. by its Managing Director N. K. Vasan and Others – Respondent


Advocates Appeared:
T. Mohan and S. Devika for Petitioner.

Judgment :

Aggrieved over the order of the XVI Assistant city civil Judge, Chennai, dated 25.9.2002 made in I.A.No.6298 of 2001 in O.S.No.7892 of 1998, this civil revision petition has been filed.

2. The brief facts of the case are as follows:

The first respondent filed the suit in O.S.No.7892 of 1998 for recovery of a sum Rs.2,64,140/-towards the balance payable by second respondent as a subscriber to the chit, for whom the petitioner and 3rd respondent have executed a surety bond. The petitioner/3rd defendant filed a petition in I.A.No.6298 of 2001 to reject the plant on the ground that as per Section 64 (3) of the Chit Funds Act, 1982 barred by limitation and that the Civil Court has no jurisdiction to entertain the suit.

3. The learned Judge dismissed the said petition on the ground that it is to be proved whether the Chit Fund Act was extended to Bhuvaneswar or not only during trial and that according to the plaintiff, the place where the chit was organised at Bhuvaneswar, the Act was not in force.

4. Aggrieved over the same this civil revision petition is filed.

5. In spite of notice there is no representation on behalf of the respondents and today the respondents name have b








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