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HIGH COURT OF MADRAS
R.VIJAYAKUMAR, J
Mary Reethal – Appellant
Versus
Jeyarajan (Died) – Respondent
| Table of Content |
|---|
| 1. plaintiffs filed a petition for specific performance. (Para 1 , 2) |
| 2. arguments regarding the non-appearance of the witness. (Para 3 , 4) |
| 3. court's consideration of the plaintiff's situation and prior rulings. (Para 6) |
| 4. final ruling allows the petition with no costs. (Para 8) |
O R D E R
The defendants 3 and 4 in O.S.No.3 of 2011 on the file of the Additional District Court, Padmanabapuram, are the revision petitioners herein.
2. The above said suit was filed for the relief of specific performance of a sale agreement dated 27.08.2009. Pending suit, the first plaintiff had passed away and the second plaintiff namely, Anis, had filed her proof affidavit. However, she had not appeared for cross examination. It is reported by the counsel for the plaintiffs that she had gone abroad. Therefore, the plaintiffs have filed in I.A.No.1 of 2022 to eschew the chief affidavit of P.W.1 and examine the third plaintiff as PW.1. This application was allowed by the trial Court on 02.09.2022. Challenging the same, the present Civil Revision Petition has been filed.
3. According to the learned counsel appearing for the revision petitioners, the second plaintiff, who was examined as P.W.1,
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