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Judgment
S.S. Subramani, J.—Second Appeal was disposed of by me as per judgment dated 5-8-1997. I set aside the judgments of the Courts
below, and allowed the Second Appeal. Learned Senior Counsel for Petitioner herein, Mr. T.R. Rajagopalan, has filed an affidavit stating that he
was not heard in the matter fully and, therefore, he wants the judgment to be reconsidered. In the affidavit, it is further slated that even though he
was prepared to argue the Appeal in full, he could not do so in view of certain questions put by Court, and since he honestly believed that the
matter will be remanded for reconsideration.
Though the averments in the affidavit are seriously opposed by a counter filed by the respondent No. 1, I do not want to make the same an issue
when the learned Senior Counsel himself has filed an affidavit slating that he was not heard fully. The Court should not stand on technicalities in
such matters. Therefore, I am of the view that it is appropriate that the judgment should be set aside and the appeal should be reheard. The Review
Application is, therefore, allowed. No costs. In C.M.P.13389 of 1997, no order is necessary. Post the Second Appeal for hearing 20-11-97.