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2023 Supreme(Mad) 112

S. M. SUBRAMANIAM
A. Sagunthala – Appellant
Versus
Rajathi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.T.Balaji for R.Sunil Kumar
For the Respondent: Mrs.M.Sudha

ORDER :

The Civil Revision Petition has been filed to set aside the order dated 10.08.2022 passed in I.A.No.370 of 2018 in O.S.No.3 of 2011.

2. The revision petitioner is the defendant and the respondent instituted a Suit for Specific Performance.

3. The revision petitioner/defendant remained absent and the Suit decreed ex-parte. Based on the ex-parte decree, the respondent/decree holder filed Execution Proceedings. After a lapse of about eight (8) years, the revision petitioner/defendant filed Interlocutory Application in I.A.No.370 of 2018 in O.S.No.3 of 2011 to condone the delay of 2755 days in filing the petition to set aside the ex-parte decree.

4. The Trial Court considered the grounds raised by the revision petitioner/ defendant to condone the delay of 2755 days and dismissed the petition mainly on the ground that the revision petitioner/defendant has not explained the delay nor adduced any material evidence to substantiate the same.

5. The revision petitioner/defendant in her affidavit, has stated that she has never received summons in the Suit, whereas the revision petitioner/ defendant in her proof of affidavit dated 15.02.2019, has stated that the respondent/plaintiff has obt

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