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2021 Supreme(Mad) 3221

G.K.ILANTHIRAIYAN
N. Devarajan – Appellant
Versus
C. Babu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B. Vijay
For the Respondent: Mr. N. Selvaraj

ORDER :

This Civil Revision Petition is directed against the fair and decretal order passed in I.A.No.778 of 2014 in O.S.No.269 of 2009 dated 28.04.2017 on the file of the learned Subordinate Judge, Tambaram, thereby allowing the petition to condone the delay in filing the application to set aside the ex-parte decree.

2. The petitioner is the plaintiff and the respondent is the defendant. The petitioner filed a suit for recovery of money. While pending the suit, the respondent after receipt of notice, failed to appear before the trial Court and as such, he was set ex-parte on 20.01.2010. He filed a petition in I.A.No.735 of 2010 to set aside the ex-parte order and the same was allowed. The respondent also filed a written statement along with the petition to set aside the ex-parte order. Thereafter, the trial commenced and the petitioner was examined as P.W.1 and Exs.A.1 to A.3 were marked. Thereafter, the suit was posted for cross examination. The respondent did not cross examine P.W.1 on several occasions and at the request of the respondent, the suit was adjourned on so many occasions. Thereafter, he was absent before the trial Court and as such, again he was set ex-parte and the e

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