HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
SURIYA BEGUM – Appellant
Versus
S.JOTHINATHAN – Respondent
O R D E R
This Petition has been filed as against the fair and decretal order dated 12.08.2015 in I.A.No.437 of 2010 in O.S.No.344 of 2010 on the file of the I Additional Sub Court, Salem, thereby dismissing the petition to condone the delay of 894 days in filing the petition to set aside the exparte decree.
2.Originally the suit was filed in O.S.No.632 of 1997 before the
1st Additional Sub Court, Salem. Later it was transferred to the file of Fast Track Court No.II, Salem and re-numbered as O.S.No.65 of 2003. In the suit, the husband and father of the 1st petitioner herein is the 3rd defendant. He engaged a counsel namely one Mr.K.Dakshinamoorthy, who appeared on behalf of the 3rd defendant as well as for 4th and 5th defendant in the suit. Thereafter the 3rd defendant was not aware of the fact that the suit was transferred to the file of the Fast Tract Court No.II, Salem. Only on receipt of notice in the final decree application in I.A.No.812 of 2006, he came to know that the suit was decreed against him. Immediately he filed a petition to set aside the exparte decree dated 14.10.2003, with the petition to condone the delay of 894 days. The said petition was dismissed by an order da
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