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2022 Supreme(Online)(MAD) 29819

HIGH COURT OF MADRAS
Hon`ble Mrs Justice TV. THAMILSELVI
V. HEMABINDU – Appellant
Versus
L. MOHAN – Respondent


ORDER

This Civil Revision Petition has been filed, to set aside the order dated

10.02.2017 made in I.A.No.1437 of 2012 in O.S.No.6540 of 2009 on the file of the IV Assistant City Civil Court, Chennai.

rd

2.The Revision Petitioner herein is the 3 defendant in the suit filed by the st respondent/plaintiff, for the relief of specific performance against the 1 nd defendant and to declare the sale deed dated 20.09.2000 executed by the 2 rd defendant in favour of the 3 defendant is not binding on the plaintiff and other consequential reliefs.

3.In the suit, the defendants were not served with proper notice, and they rd were set as exparte. To set aside the exparte decree, the 3 defendant/Revision Petitioner took steps under Order IX Rule 13 of CPC, stating that notice was not properly served on her and the same was returned as no such person. Because, after the marriage, she was residing in a different address. Therefore, no notice was served neither in the suit proceedings nor in the execution proceedings. Having came to know about the suit proceedings, she filed an application in I.A.No.1437 of 2012 to condone the delay, but the same was not appreciated by the Court below and dismissed the

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