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2013 Supreme(Mad) 3413

B.RAJENDRAN
J. Shivakumar – Appellant
Versus
P. N. T. Chandru, Managing Director – Respondent


Advocates appeared:
For the Petitioner:Shanmugham for M/s. Shanmugha Associates, Advocates.
For the Respondents:R1 & R2, V.R. Appaswamee, Advocate.

JUDGMENT

1. The Plaintiff in O.S. No. 1548 of 2011 on the file of the learned XVIII Additional Judge, City Civil Court, Chennai is the revision petitioner herein. The suit was originally filed as C.S. No. 1192 of 2008 before this Court and subsequently it was transferred and re-numbered as O.S. No. 1548 of 2011. The suit was filed for the relief of declaration, mandatory injunction and also for a permanent injunction morefully set out in the plaint. The suit was decreed exparte on 08.11.2012. Thereafter, a petition in I.A. No. 184 of 2012 in O.S. No. 1548 of 2012 was filed on 06.12.2012 under Order IX Rule 13 of CPC was filed by the defendants 1 and 2 in the suit seeking to set aside the exparte decree dated 08.11.2012. This application was resisted by the plaintiff by filing a counter affidavit. Thereafter, the defendants 1 and 2 have filed the instant application in I.A. No. 3 of 2013 in I.A. No. 184 of 2012 in O.S. No. 1548 of 2011 under Order VI Rule 17 of CPC to amend the affidavit and petition in I.A. No. 184 of 2012 by replacing "O.S. No. 1548 of 2011" instead of "O.S. No. 1485 of 2011" in the prayer portion of the affidavit and petition. Even for this application, a counter















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