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M.V.MURALIDARAN
Sheik Dawood – Appellant
Versus
Lena Finance Partners – Respondent


Advocates:
Counsel for the Parties:
M. Ajmal Khan, Advocate, P.T.S. Narendravasan, Advocate

JUDGMENT

M.V. Muralidaran, J.—The relief sought for in the instant Revision Petition is to set aside the fair and decreetal order dated 04.08.2016 passed in I.A.No. 585 of 2014 in O.S.No.242 of 2002 on the file of the learned 1st Additional Sub-Judge, Madurai.

2. It is the case of the revision petitioner that he is the 9th defendant in the original suit and he was impleaded in the said suit as per the order passed in I.A.No.585 of 2005 dated 14.12.2005. The said suit was filed by the Respondents/Defendants to recover the money, a sum of Rs. 4,18,632.65/- based on the chit transaction. However, on 08.03.2006 an ex parte decree was passed as against all the defendants. Further, on the date of the ex parte order the revision petitioner was in Saudi Arabia and on his behalf an Advocate namely Mr.Venkatesan was instructed to appear. However, the said Advocate Mr.Venkatesan was died and the fact of the death of the advocate came to the notice of then revision petitioner belatedly. Further, when the revision petitioner came down to India, he noticed that an Execution Petition in E.P.No.205 of 2006 was filed and in the said Execution Petition an order of attachment was also passed. However,








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