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2021 Supreme(Mad) 1166

G.K.ILANTHIRAIYAN
M. Rangasamy (Since deceased rep by legal heirs) – Appellant
Versus
M. Girija – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.V.Raghavachari, for MA.P.Thangavel
For the Respondent: Mr.N.Manokaran, For Mr.N.Ponraj

ORDER :

This Civil Revision Petitions is directed as against the fair and decreetal order dated 07.06.2018 passed by the learned Subordinate Judge, Udumalaipettai, in I.A.No.346 of 2014 in O.S.No.1 of 2011, thereby dismissing the petition to condone the delay in filing the petition to set aside the exparte decree.

2. The petitioners are the legal heirs of the original deceased defendant and the respondent is the plaintiff. The respondent filed suit for specific performance in O.S.No.1 of 2011 as against the deceased defendant. After receipt of the summon, the original deceased defendant engaged counsel on his behalf and failed to file any written statement. Therefore, he was set exparte and exparte decree was passed on 30.06.2011. On the strength of the exparte decree, the respondent filed execution petition in E.P.No.163 of 2011 and in the execution proceedings, notice was duly served on the deceased original defendant. However he failed to appear before the execution Court and he was set exparte before the execution Court on 26.09.2012. Therefore, he was instructed to file petition to set aside the exparte decree passed in the execution Court and the same was allowed by an order da

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