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2021 Supreme(Mad) 1129

G.K.ILANTHIRAIYAN
V. Subburaj – Appellant
Versus
Sujatha B. Pankaj – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V. Venkkatasamy
For the Respondent: Mr. V. G.Suresh Kumar

ORDER :

This civil revision petition is filed against fair and decretal order passed in IA.No.285 of 2015 in OS.No.6 of 2011 on the file of II Additional District Judge at Poonamallee dated 09.12.2016 thereby dismissing the petition to condone the delay in filing the petition to set aside the exparte decree.

2. The petitioner is the fourth defendant in the suit filed by the first respondent for partition. Originally, the suit was filed before the Principal District Judge, Tiruvallur by the first respondent for partition. No summon was served for the reason that paper publication was effected. After effecting paper publication, the defendants 1, 2 and 4 were set exparte on 11.11.2011. Thereafter, the case was posted for framing of issues on several occasions. Again, the suit was transferred from the file of the Principal District Court, Tiruvallur to the file of the II Additional District Court at Poonamallee. After transfer of the suit, the suit was posted for framing issues and framed issues and exparte decree was passed on 17.09.2013. On the strength of the preliminary decree, the first respondent filed petition for final decree, in which the petitioner was served notice. The first

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