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2013 Supreme(Mad) 3617

B.RAJENDRAN
Zulaiha Syed Mohideen – Appellant
Versus
D. Visalakshi Ammal – Respondent


Advocates Appeared:
For the Petitioner:R. Rajesh Sitaram, Advocate.
For the Respondents:P. Govindarajan, Advocate.

Judgment :

1. The revision petitioner has come forward with this Civil Revision Petition questioning the correctness of the Order dated 15.12.2012 passed in I.A. No. 8835 of 2012 in O.S. No. 15292 of 1996 on the file of the learned II Additional Judge, City Civil Court, Madras, by which, the Petition filed by the respondents herein for condonation of delay of 2045 days in re-presenting the petition to set aside the exparte decree dated 08.10.2002 in O.S. No. 15292 of 1996 was allowed with costs of Rs.5,000/-.

2. (i) The admitted facts in this case is that the revision petitioner herein, as Plaintiff, has originally filed the suit in C.S. No. 103 of 1993 before this Court for specific performance of the agreement of sale dated 21.01.1992. Subsequently, the suit stood transferred and re-numbered as O.S. No. 15292 of 1996 on the file of learned II Additional Judge, City Civil Court, Chennai. On notice in the suit, the first defendant filed vakalat through her advocate on 07.03.1997. The first defendant also filed her written statement on 25.07.1997. While so, the suit was dismissed for default and to restore the suit which was dismissed for default, the plaintiff/revision petitioner h











































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