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2021 Supreme(Online)(MAD) 21974

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice T.KRISHNAVALLI
A.K.MUTHUSAMY – Appellant
Versus
M.MUTHAIAH – Respondent


O R D E R

This Civil Revision Petition has been filed against the order, dated 05.02.2016 in I.A No.396 of 2013 in O.S No.108 of 2001 on the file of the Sub Court, Devakottai.

2.The revision petitioner as plaintiff has filed the suit O.S No.

108 of 2001 on the file of the Sub Court, Devakottai against the respondent/defendant for the relief of specific performance. On 25.09.2002, the defendant set ex-parte and an ex-parte decree was passed. The revision petitioner/defendant filed an application in I.A No.396 of 2013 in O.S No.108 of 2001 to condone the delay of 3,655 days in filing the application to set aside the ex-parte decree. The said application was dismissed by the trial court, by order, dated 05.02.2016. Aggrieved by the said order, the revision petitioner is before this court.

3.Heard both sides and perused the materials available on record.

4.The learned counsel appearing for the respondent/plaintiff filed a memo stating that the said ex-parte decree was set aside on 25.06.2002 on an application filed by the petitioner/defendant in I.A No.195 of 2002 restoring the suit providing an opportunity to the petitioner to defend the suit and again the petitioner/defendant failed to ap

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