A.No.4596 of 2022 in C.S.No.132 of 2010

A.No.4596 of 2022

in C.S.No.132 of 2010

Reserved on : 23.02.2023

Pronounced on : 03.03.2023

N.SESHASAYEE.J.,

1.1 This application is taken out by the sixth defendant in C.S.No.132 of 2010

under Order VII Rule 11 CPC, seeking rejection of the plaint. The facts leading

to this case may be briefly stated :

● A certain piece of immovable property belonged to M/s.Hymavathi

Constructions. It was an unregistered partnership firm. On

01.02.1996, it entered into a sale agreement with Mukanchand Bothra,

the first defendant in the suit (today on his demise, his heirs have

replaced him).

● To enforce the said agreement, the first defendant had laid

C.S.No.205 of 1999 against M/s.Hymavathi Constructions, and had

obtained an exparte decree on 02.09.2002.

● Few years later, the plaintiff ( M/s.Hymavathi Constructions) took out

an application to set aside the exparte decree along with an

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https://www.mhc.tn.gov.in/judis

A.No.4596 of 2022 in C.S.No.132 of 2010

application in A.No.5021 of 2007 for condoning the delay of 1,765

days in filing the earlier mentioned application. On 26.02.2008, this

application i