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2012 Supreme(Mad) 3281

G.RAJASURIA
Selvam – Appellant
Versus
Rajaganapathi Finance Corporation(Registered Firm) rep. by its Managing Partner S. Seerangan – Respondent


Advocates appeared:
For the Petitioner:T. Dhanyakumar, Advocate.
For the Respondents:R1 - T.S. Vijayaraghavan, Advocate.

Judgment :-

1. These two civil revision petitions are focussed as against the judgment and decree dated 15.06.2012 passed by the learned Principal District Judge, Namakkal in CMA No.5 of 2012 in confirming the order and decreetal order dated 01.02.2012 passed by the learned Subordinate Judge, Rasipuram in I.A.No.22 of 2012 and as against the order and decreetal order dated 01.02.2012 passed by the learned Subordinate Judge, Rasipuram in I.A.No.22 of 2012 respectively.

2. Heard both sides.

3. A thumbnail sketch of the germane facts, absolutely necessary and germane for the disposal of these two civil revision petitions would run thus:

The first respondent herein preferred the suit O.S.No.11 of 2008 seeking recovery of money based on pro note. The matter was contested; written statement was filed. However, the revision petitioner/defendant failed to participate in the proceedings. Whereupon, exparte decree was passed. Subsequently, application under Order 9 Rule 13 of CPC was filed with an application to get the delay condoned in filing the same. The delay application filed under Section 5 of the Limitation Act was allowed; however, the application under Order 9 Rule 13 of CPC was o











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