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2023 Supreme(Mad) 2992

R. VIJAYAKUMAR
Indumathi – Appellant
Versus
S. Kavitha Shanmugam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.A.M. Raja
For the Respondent: Mr. A. Arumugam for M/s. Ajmal Associates

ORDER :

PRAYER: Civil Revision Case is filed under Section 115 of Code of Civil Procedure, to allow this civil revision petition, set aside the fair and decreetal order dated 27.04.2022 in I.A.No.1 of 2019 in O.S.No.307 of 2014 passed by the and direct to number the same. Subordinate Judge, Theni

The present civil revision petition has been filed by the defendant in a suit for specific performance.

2.The respondent herein had filed O.S.No.307 of 2014 on the file of the Subordinate Court, Theni for the relief of specific performance of an agreement of sale with an alternative prayer for refund of the advance amount of Rs.5,00,000/-.

3. The defendant was set exparte for not filing a written statement and an exparte decree came to be passed on 17.03.2016. The defendant had filed I.A.No.1 of 2019 to condone the delay of 1321 days in filing an application to set aside the exparte decree.

4.In the condone delay application, the petitioner/defendant had contended that she had borrowed a sum of Rs.5,00,000/- and she was regularly paying the monthly interest. She being a woman, believed the words of the plaintiff that he would withdraw the suit, when the entire amount is settled. However, the pl

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