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Arumugha Gounder And Ors. vs Tmt. Palaniammal And Ors. on 7 November, 2000

In the first judgment cited on the part of the petitioner, since the defendants 1 to 3 were called absent, the trial Court had decreed the suit as prayed for and thereafter the defendants had filed an Application under Order 9 Rule 13 of the CPC before the trial Court to set aside the said judgment and decree and on the said petition having been allowed by the trial Court, a revision had been filed before the High Court by the plaintiff and the same also having been dismissed, he had filed the Civil Appeal before the Honourable Apex Court. The Honourable Apex Court giving expression to Order XVII Rules 2 and 3 of C.P.C. and extracting the said Rules, would remark that the case was having imprints of an ex-parte adjudication and not of a decision on merits and there was not even any indication as to what evidence was evaluated and/or whether the merits were tested and had ultimately decided in the following terms:
Madras High Court Cites 14 - Cited by 4 - P Sridevan - Full Document
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