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2022 Supreme(Mad) 2143

B. PUGALENDHI
A. Palanivelrajan – Appellant
Versus
J. Suganthi – Respondent


Advocates appeared:
For the Petitioner:T.S.R. Venkataramana, Advocate. For the Respondents: R1 to R3, T. Sivananthan, R6, N. Dilipkumar R4, R5, R7, No appearance.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records of the fair and decreetal order dated 06.02.2020 made in I.A.No. 304 of 2019 in O.S.No.224 of 2019 on the file of the Principal District Court, Dindigul, and set aside the same.)

1. The petitioner is the plaintiff in O.S.No.224 of 2019 and he has filed the suit for recovery of money. Pending the suit, the petitioner has also taken out an interlocutory application in I.A.No.304 of 2019 for attachment of property under Order 38 Rule 1 & 5 CPC. The said application was rejected by the trial Court vide order dated 06.02.2020 on the ground that the suit was not filed within the period of limitation. Aggrieved over the same, the petitioner has filed the instant revision petition.

2. Learned Counsel for the petitioner submitted that the petitioner, as a guarantor to the 5th respondent, has paid a sum of Rs.33,00,000/- (approx) to the Tamilnadu Mercantile Bank / 6th respondent. In discharge of that liability, (late) Jeyachandran, Partner of the 5th respondent firm, has paid part amount and for the remaining amount, he has executed six promissory notes, however, he failed to h

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