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2021 Supreme(Mad) 1678

KRISHNAN RAMASAMY
Rani – Appellant
Versus
Sellappan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:P.S. Prabhu, Advocate.
For the Respondent: D. Ramesh Kumar

JUDGMENT :

(Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to set aside the fair and decreetal order dated 04.01.2017 made in I.A.No.63 of 2016 in O.S.No.59 of 2007 on the file of Learned Additional Special Judge, Krishnagiri and to allow the above Civil Revision Petition.)

1. This Civil Revision Petition is filed challenging the order passed in I.A.No.63 of 2016 in O.S.No.59 of 2007, on the file of the Additional Special Judge, Krishnagiri, dated 04.01.2017.

2. The first defendant in the above suit is the revision petitioner herein. The respondents herein filed the suit for the relief of partition against the revision petitioner/first defendant and three others. In the said suit, a preliminary decree was passed, dated 21.06.2010, in which, the defendants were set ex parte. Against the said ex parte decree, the revision petitioner filed an Interlocutory Application in I.A.No.63 of 2016, to condone the delay of 1809 days in filing the Application to set aside the exparte decree.

3. The Court below, after hearing both the sides dismissed the Application. Challenging the same, the present Civil Revision Petition is filed.

4. When the Civil Revision P

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