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2022 Supreme(Mad) 1740

JUSTICE N. SESHASAYEE
Muthu Babu Reddiar (Died) – Appellant
Versus
P. K. Krishnamoorthy – Respondent


Advocates appeared:
For the Petitioners:N. Jothi, Senior Counsel, S. Vinod, Advocate. For the Respondent:M. Sivavarthanan, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order and decretal order made in I.A.No.4 of 2019 in O.S.No.990 of 2009 pending on the file of the Subordinate Judge at Madurantakam.)

1. The present revision is filed by the defendant in O.S.No.90 of 2009 on the file of Subordinate Court, Madurantakam, challenging an order of dismissal passed in I.A.No.4 of 2019 filed by the defendants 2 to 5 / revision petitioners herein to reject the affidavit of chief examination of P.W.2 for non compliance of mandatory provision under Order 16 Rule 18 of C.P.C.

2.The situation arises on the following way:

* The suit property originally belonged to a certain Sivaraman. According to the plaintiff, on 07-11-1968 the said Sivaraman had executed a General Power of Attorney constituting three persons as his Power holders. One among them was one Muthu Babu. Thereafter, on 20-07-1992, he cancelled the said Power of Attorney, and executed another Power of Attorney document, this time nominating one Ramalingam and another Jawahar Mani as his power-holders. While so on 05-04-1995, Jawahar Mani, one of the Power-holders of Sivaraman had

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