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2013 Supreme(Mad) 1930

M.VENUGOPAL
Karuppusamy – Appellant
Versus
K. C. Palanisamy – Respondent


Advocates:
Advocate Appeared
For the Petitioners:T. Gowthaman, Advocate.
For the Respondent:C.S. Saravanan, Advocate.

JUDGMENT

1. The Petitioners/Defendants have preferred the instant Civil Revision Petition as against the order dated 21.09.2010 in I.A.No.42 of 2010 in O.S.No.160 of 2005 passed by the Learned I Additional Subordinate Judge, Erode.

2. The Learned I Additional Subordinate Judge, Erode, while passing the order in I.A.No.42 of 2010 in O.S.No.160 of 2005 on 21.09.2010, has categorically, inter alia, observed that '... The date of the Exparte Decree is 2.6.2006. The respondent has filed I.A.No.723/08 for final decree and in the application, this petitioners have entered appearance on 5.10.08 itself through their counsel. But immediately the petition to set aside the Exparte Decree was not filed by this petitioners and this petition is dated 20.1.2010. According to the first petitioner, he was employed in Coimbatore but this cannot be a reason for non-participation in the proceedings of the above suit. Therefore as rightly contended there is no sufficient reason to condone the delay of 1323 days' etc., and consequently, dismissed the petition with costs.

3. Challenging the order of dismissal in I.A.No.42 of 2010 in O.S.No.160 of 2005 dated 21.09.2010 passed by the trial Court, the Lear






















































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