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2014 Supreme(Mad) 2369

V.M.VELUMANI
Muthuramu – Appellant
Versus
A. Muthulakshmi – Respondent


Advocates Appeared:
For the Petitioners:P. Thirumahilmaran, Advocate.
For the Respondents:J. Mathesh, Advocate.

Judgment :

1. This civil revision petition has been filed to set aside the order, dated 22.12.2009, made in I.A.No.423 of 2009 in O.S.No.175 of 2004 on the file of District Munsif Court, Nilakottai.

2. The revision petitioners herein are the defendants 1 and 2, whereas the respondents are the plaintiffs in the suit in O.S.No.175 of 2004 on the file of District Munsif Court, Nilakottai.

3. The respondents filed the suit for declaration and other relief. The petitioners filed written statement denied the allegations made in the plaint. In the written statement, the petitioners reserved their right to file additional written statement. Based on the pleadings, issues were framed and the trial was commenced. P.W.1 was examined on the side of the respondents and was cross-examined in part by the petitioners. Subsequently, the petitioners took time for further cross-examination of P.W.1. But the petitioners did not appear either in person or through their counsel. Therefore, an ex-parte decree was passed. The petitioners filed the application to set aside the ex-parte decree and the same was allowed on payment of costs. After paying the cost, the petitioners filed applications in I.A.No.4





















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