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2016 Supreme(Mad) 3201

S.M.SUBRAMANIAM
Nagalakshmi (Died) – Appellant
Versus
Zackahriah (Deceased) – Respondent


Advocates Appeared:
For the Petitioner: Mrs. P.T. Asha
For the Respondent: Mr. V.G. Suresh Kumar

ORDER :

Heard Mrs. P.T. Asha, learned counsel for the petitioners and Mr. V.G. Suresh Kumar, learned counsel appearing for the respondents 1,3 & 4 and with their consent, the Civil Revision Petition is taken up for final disposal. None appears for the respondents 5 to 7.

2. The facts in nutshell as argued by the learned counsel appearing for the petitioner is that, the petitioners are the plaintiffs in O.S.No.381 of 1995 and the suit is for declaration, recovery of possession and for mean profits in respect of the suit schedule properties. The suit was set decreed exparte on 11.07.2011 and the respondents/defendants filed an application in I.A.No.708 of 2012 to condone the delay of 334 days in filing the petition to set aside the exparte decree and the petition was filed in time on 10.08.2011. The petition was returned for compliance by the Registry and hence, there was a delay of 334 days in representing the petition filed to set aside the exparte decree. The petition was allowed by the Court below against which the present revision petition is filed.

3. The learned counsel appearing for the petitioners vehemently contended that the order passed by the Court below cannot be sustained













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