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2012 Supreme(Mad) 906

R.S.RAMANATHAN
Tamil Nadu Defence Officers Co-operative Housing Society Ltd. – Appellant
Versus
R. Sakkubai @ Chokkammal – Respondent


Advocates Appeared:
For the Petitioner:Ashok Menon, Advocate.
For the Respondent:J. Sudhaaran, Advocate.

Judgment :-

1. Defendant in O.S.No.254 of 1999 on the file of the District Munsif, Alandur is the revision petitioner.

2. The respondent filed the above suit for declaration and for mandatory injunction. The revision petitioner, though entered appearance in the said suit and filed written statement, did not contest the suit and therefore, the revision petitioner was set ex parte and ex parte decree was passed on 27.6.2006. Thereafter, the respondent/decree holder filed E.P.No.28 of 2008 to execute the decree and notice was served on the revision petitioner on 21.4.2008 and thereafter he took steps to file the application to set aside the ex parte decree and there was a delay of 845 days in filing such application and to condone the delay in filing the application to set aside the ex parte decree, the application in I.A.No.1379 of 2009 was filed and that application was dismissed and as against the same, this revision is filed.

3. Mr.Ashok Menon, learned counsel for the revision petitioner submitted that in the affidavit filed in support of the application to condone the delay, the revision petitioner has stated, in detail, the reason for filing the application to set aside the ex





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