HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.ILANGOVAN
RAMAR – Appellant
Versus
K. Paraman – Respondent
O R D E R
This civil revision petition has been filed seeking to set aside the fair and decreetal order, dated 07/07/2022 passed in IA No.345 of 2020 in OS No.537 of
2007 by the Principal District Munsif, Thirumangalam.
2.The facts in brief:-
A suit in OS No.537 of 2007 was filed by the respondent herein seeking the relief of specific performance and for costs. The defendants entered appearance and filed their written statement. The defendants 3 and 4 remained ex-parte, on 30/08/2016. So an ex-parte order was passed on that date. To set aside the ex-parte decree and judgment, they filed IA No.345 of 2020 stating that on the date of hearing, they were affected by physical illness. So, they could not contact his Advocate and instructed him to get adjournment. Later, they went outside on their job. After returning their village, they enquired with their Advocate. At that time, he was stated that because of the non-appearance, ex-parte decree was passed, on 30/08/2016.
3.That was resisted by the respondent stating that there was huge delay of 1284 days; Proper reason has not also assigned; He filed the execution petition in EP No.9 of 2017; Even in the execution proceedings, they remained e
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