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2015 Supreme(Mad) 3212

S.MANIKUMAR, M.VENUGOPAL
S. Venkataraman Proprietor of Vijayalakshmi Films – Appellant
Versus
K. S. Balakrishnan (Babu) – Respondent


Advocates Appeared:
For Petitioner: Mr.AR.L.Sundaresan, Senior Counsel for M/s.S.V.Pravin Rathinam
For Respondents: Mr.V.Sivakumar

ORDER

M.VENUGOPAL, J.

The Petitioner/Defendant/Appellant has projected the present Miscellaneous Petition under Or.41 R.3A of the Civil Procedure Code, praying for passing of an order by this Court to condone the delay of 18 days in filing the Appeal in A.S.SR.No.20590 of 2014 as against the Judgment and Decree dated 26.02.2010 in O.S.No.150 of 2005 passed by the Learned Additional District Judge/Fast Track Court-III, Coimbatore.

2. The Averments in Miscellaneous Petition (Filed by the Petitioner/Defendant/Appellant):

a) The entire suit was misconceived, devoid of merits and hinged upon two documents which were forged and fabricated by the Respondents/Plaintiffs to support their case. In fact, the forgery was demonstrated before the lower Court. As a matter of fact, the trial Court was misled by the said forged documents and passed a judgment in the suit in O.S.No.150 of 2005 on 26.02.2010, citing legally untenable and unacceptable reasons. Hence, the present Appeal is filed.

b) The Petitioner/Defendant had applied for certified copies of the judgment through the Learned counsel on 03.03.2010 itself, and the same was called for on 02.06.2010 and the necessary fee was deposited on 04.0




















































































































































































































































































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