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2021 Supreme(Online)(MAD) 36003

HIGH COURT OF MADRAS
Hon`ble Mr Justice G. CHANDRASEKHARAN
VIJAYAN – Appellant
Versus
R.THIYAGARAJAN – Respondent


C O M M O N O R D E R

These Civil Revision Petitions are filed challenging the common order passed in I.A. No.278 of 2018 and I.A. No.76 of 2018 in O.S. No.83 of 2014 by the learned Principal District Judge, Villupuram, on 30.11.2018.

2. The first respondent plaintiff filed a suit in O.S. No.83 of 2014 against the second respondent defendant for enforcing the specific performance of the contract on the basis of sale agreement dated 20.09.2012 and for recovery of possession of the suit properties. This suit came to be decreed ex parte on 07.08.2014. The petitioner herein is the third party to proceedings in O.S.

No.83 of 2014. The case of the petitioner is that he entered into a registered sale agreement with the second respondent defendant on 02.09.2013. The respondents colluded together and created an antidated sale agreement dated 20.09.2012 and on that basis, the first respondent filed the suit for specific performance. The second respondent deliberately remained ex parte and an ex parte decree was passed. Therefore, the petitioner filed an application in I.A. No.270 of 2018 under Order 1 Rule 10 CPC for impleading him as defendant in the suit and filed an application I.A. No.76 o

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