MADRAS METROPOLITAN DEVELOPMENT AUTHORITY Vs. VINOD BHATIA

JUDGEMENT

(1.) DESPITE notice to respondents 1 and 2, they have not chosen to enter their appearance. Notice to first respondent has been served on 6.5.1995 and notice to the 2nd respondent has been served on 10.5.1995.

(2.) THE first defendant in O.S. No.3199 of 1987 on the file of IV Assistant City Civil Court. Madras, has filed this revision against the order of dismissal in C.M.P. No.581 of 1993 dated 24.1.1994. THE suit O.S. No.3199 of 1987 was filed by the 1st respondent herein against the petitioner as well as the 2nd respondent herein. THE said suit is filed for declaration that the suit building was constructed in accordance, with the approved plan and for consequential injunction. THE suit O.S. No.3199 of 1987 was decreed on 12.12.1990. Aggrieved by the judgment and decree dated 12.12.1990, the defendant in O.S. No.3199 of 1987 (petitioner herein) filed first appeal but there was 29 days delay in filing the abovesaid appeal the petitioner has filed C.M.P. No.581 of 1993 for condonation of delay of 29 days in filing A.S. No. (SR No. 21577 of 1993) of 1993.