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● During the pendency of O.S.93/1989, both Ramasamy (first plaintiff)
and Appu alias Palanisamy (the second defendant) died. Consequent
to Palanisamy’s death, his widow and children were brought on
record as defendants 4 to 6. Of them, the present plaintiff was
arrayed as the 6th defendant. He was a minor at that relevant time, and
his mother, the 4th defendant was appointed as his guardian.
● The plaintiff’s grandfather (Kandasamy, the first defendant in
O.S.93/1989) alone filed the written statement. None of the other
defendants contested the suit. In other words, the guardian of the 6th
defendant-minor did not file any written statement on his behalf and
contested the suit. Ultimately, on 30-06-1993, an exparte decree
came to be passed in O.S.93/1989. Copy of this decree is Ext.A-3.
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