KARIYAL UNNIKRISHNAN Vs. KARIYAL RAJAKUMARAN

JUDGEMENT

(1.) THE petitioner, who is the plaintiff in O.S.No.916 of 2009 on the file of the Court of the Subordinate Judge of Kozhikode, challenges the order dated 27.10.2010 in I.A.Nos.1081 and 1082 of 2010, by which, the court below set aside the exparte order passed against the eighth defendant and also permitted his power of attorney holder to prosecute the application on behalf of the eighth defendant.

(2.) THE eighth defendant was set exparte on 5.2.2010. It is stated that an exparte decree was also passed on that date. THE eighth defendant, through his power of attorney holder, filed the application for setting aside the exparte order. It was stated that the eighth defendant was not served with summons and the service was by affixture. It was stated that the eighth defendant was not aware of the order setting him exparte and he was not aware of the pendency of the suit. He came to know of the exparte order only on 6.3.2010. Accordingly, the application was filed.