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2021 Supreme(Mad) 2233

K.MURALI SHANKAR
Mohandass – Appellant
Versus
Rajmohan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R. Bala Krishnan, Advocate
For the Respondent:A.N. Ramanathan, Advocate

JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.No.6 of 2020 in O.S.No.38 of 2020 on the file of the learned Subordinate Judge, Devakottai, dated 04.11.2020.)

1. The Civil Revision Petition is directed against the order passed in I.A.No.6 of 2020 in O.S.No.38 of 2020, dated 04.11.2020, on the file of the Subordinate Court, Devakottai, in allowing the petition for impleadment under Order 1 Rule 10(2) of the Code of Civil Procedure.

2. The revision petitioners, who are the respondents 1 to 3/plaintiffs have filed the suit originally in O.S.No. 23 of 2019, before the District Munsif Court, Devakottai, against the fourth respondent, who is the sole defendant claiming the relief of declaration and recovery of possession and for permanent injunction. Subsequently, on the point of jurisdiction, the suit was transferred to the Subordinate Court, Devakottai and the same was taken on file in O.S.No. 38 of 2020. Since the defendant has not entered appearance before the District Munsif Court, he was set ex-parte on 14.08.2019 and after transfer, the said order setting him ex-parte was confirme

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