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2024 Supreme(Online)(MAD) 17143

HIGH COURT OF MADRAS
Honourable Mrs Justice R. KALAIMATHI
DEVANDRAN – Appellant
Versus
CHINNARAJ – Respondent


ORDER

The 3rd defendant viz., Thiru.Devandran has preferred this Civil Revision Petition having aggrieved by the order dated 16.11.2022 made in I.A.No.333 of 2022 in O.S.No.22 of 2017 on the file of the Principle District Munsif Court, Dharmapuri.

2. Heard Mr.C.Prabakaran, learned counsel appearing for the petitioner. Though the respondent has entered appearance through a counsel, he was not represented.

3. The revision petitioner herein had filed the above said petition under Section 5 of the Limitation Act to condone the delay of 1,515 days in filing the application under Order IX Rule 13 of the C.P.C. on the following grounds:

(i) though he received the summons for the hearing on 23.03.2017, when he contacted the plaintiff (his brother) he told him that he is going to withdraw the case and upon believing his words he did not conduct the suit by engaging the counsel.

(ii) when he came to his native during the corona lockdown period, he came to know about the exparte judgment and when the plaintiff was attempting to mutate the revenue records, he came to know about the same.

(iii) thereafter, he engaged a counsel and came to know about the exparte judgment.

4. In the said application, be

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