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2016 Supreme(Mad) 473

M.VENUGOPAL
P. Ramasami – Appellant
Versus
Nagai Sivasakthi Benefit Fund Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. Muthukumar.
For the Respondent: Mr. P. Valliappan.

ORDER :

1. The Petitioners/Defendants have focused the instant Civil Revision Petition as against the Order dated 08.01.2013 in I.A. No. 6 of 2013 in O.S. No. 9 of 2004 passed by the learned District Judge, Nagapattinam.

2. The Learned District Judge, Nagapattinam, while passing the Impugned Order on 08.01.2013 in I.A. No. 6 of 2013 in O.S. No. 9 of 2004 (filed by the Petitioners/ Defendants 1 to 3) had observed the following:-

Heard.

In Class III of Para 38 and Para 39 of the Remand Order of the Hon'ble High Court, Madras in A.S. No. 886/2006, dated 01.11.2012, it is stated as follows:-

38(3) The third point is decided to the effect that the lower court should have ordered for appointment of an auditor as Commissioner for taking accounts for the purpose of rendering justice.

39. Accordingly, the matter is remitted back to the lower court with the following direction.

The Lower Court shall do well to see that a qualified auditor is appointed as Commissioner to go into the accounts which were already produced and to be produced by both sides relating to the loans borrowed by D1 to D3 and also the chits subscribed by D1 to D3 and also D1's two sons and two daughters-in-law and furnish his



















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