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2013 Supreme(Mad) 806

K.RAVICHANDRA BAABU
N. P. Srinivasan – Appellant
Versus
S. Santhalakshmi – Respondent


Advocates Appeared:
For the Petitioner:Mrs. M.R. Sakunthala, Advocate.
For the Respondent:A. Jenasenan, Advocate.

JUDGMENT

1. C.R.P.(NPD) No.2980 of 2010 is filed against the order dated 2.6.2010 in allowing the application filed under Section 5 of the Limitation Act seeking for condonation of delay of 1828 days in filing a petition to set aside the ex parte decree.

2. C.R.P.(PD) No.4223 of 2010 is filed against the order in allowing the application filed under Order 9 Rule 13 of C.P.C. to set aside the ex parte decree.

3. The petitioner herein is the plaintiff. He filed the said suit seeking for declaration of his title and for permanent injunction. The respondent herein is the first defendant in the said suit. On 20.12.2005, the suit was decreed exparte. The respondent filed an application in I.A. No. 134 of 2010 under Section 5 of the Limitation Act to condone the delay of 1828 days in filing the petition to set aside the ex parte decree. She also filed another application in I.A. No. 278 of 2010 under Order 9 Rule 13 of C.P.C. to set aside the ex parte decree.

4. Heard both sides and the records placed before this Court are perused.

5. The respondent filed an affidavit in support of her application seeking for condonation of the delay and explained the reasons for filing the application wit
















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