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2013 Supreme(Mad) 3613

B.RAJENDRAN
P. Subramani – Appellant
Versus
A. Periyasamy – Respondent


Advocates Appeared:
For the Petitioner:N. Anand Venkatesh, Advocate.
For the Respondent:M. Kumarasamy, Advocate.

Judgment :

1. The question involved in this Civil Revision is as to whether this Court, in exercise of its power under Article 227 of The Constitution of India, can order for striking of the proceedings pending before the Courts, which are subordinates to it, when fraud was committed by a party to such proceedings to deceive the Court and obtain orders in his favour to dispossess the person who was in lawful possession of a property.

2. The striking facts, which are relevant and germane for disposal of this Civil Revision Petition is that the respondent herein has filed R.C.O.P. No. 1881 of 2003 before the learned IX Judge, Small Causes Court at Chennai under Section 10 (2) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act against the revision petitioner herein for eviction of the respondent herein on the ground of wilful default in payment of rent. In this Original Petition, an exparte order was passed on 10.02.2004 against the revision petitioner herein. On coming to know about the said order, the respondent herein filed M.P. No. 612 of 2004 in RCOP No. 1881 of 2003 for condonation of delay of 125 days in filing an application to set aside the exparte order dated 10.02
































































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