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2023 Supreme(Online)(MAD) 1761

HIGH COURT OF MADRAS
Hon`ble Mrs Justice T.V. THAMILSELVI
A.SENTHIL KUMAR – Appellant
Versus
R.SUBRAMANIAM – Respondent


ORDER

This Civil Revision Petition has been filed to set aside the fair and decretal order dated 03.06.2023 passed by the learned 1st Additional District

Court, Salem, I.A.No.2 of 2022 in O.S.No.143 of 2021.

2. Before the trial Court, the respondent filed a suit in O.S.No.143 of

2021 for the relief of specific performance with alternative relief. Further, the trial had issed a summons to the defendant but he has not appeared and thereafater, he was remained exparte and the said suit was decreed in respect of alternative relief and dismissed the suit in respect of specific performance. Further, the revision petitioner/defendant has filed an application to condone the delay of 127 days in filing the application to set aside the exparte decree dated 03.01.2022 in O.S.No.143 of 2021.. The said application was dismissed by the trial Judge, holding that there was no proper reason assigned in the delay application.

3. Challenging the same, the defendant/ revision petitioner has filed this Civil Revision Petition before this Court.

4. The learned counsel for the revision petitioner submitted that the revision petitioner taken efforts to get documents in order to prove his case and after obtainin

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