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2009 DIGILAW 611 (MAD)

L. Moolchand v. V. Raju

2009-02-19

A.C.ARUMUGAPERUMAL ADITYAN

body2009
Judgment :- Heard the learned counsel appearing for the revision petitioner. 2. This revision has been directed against the order passed in I.A.No.567 of 2008 in O.S.No.96 of 2008 on the file of the Court of Subordinate Judge, Nilgiris at Uthagamandalam which was filed under Order 9 Rule 7 of CPC to set aside the exparte decree passed in O.S.No.96 of 2008 on 110. 2008. The said application was filed on 210. 2008 itself. The reasoning stated in the affidavit to the petition and objections raised in the counter were duly considered by the learned trial Judge and he has come to a conclusion that an opportunity must be given to the petitioner to put forth his case in the suit has allowed the application on cost of Rs.1000/- to be paid on or before 212. 2008. 3. The learned counsel appearing for the revision petitioner would fairly state that the petitioner has complied with the condition imposed in the impugned order already within the time. Under such circumstances, I do not find any reason to admit this civil revision petition. 4. In fine, this civil revision petition is dismissed before admission and the learned trial Judge is directed to dispose of O.S.No.96 of 2008 pending on his file within a period of three months from the date of receipt of a copy of this order in accordance with law. Consequently, connected M.P.No.1 of 2009 is also dismissed.