P R DHANAVAN Vs. ABDUL GAFOOR

JUDGEMENT

(1.) THE petitioners filed O.S.No.82 of 2008 on the file of the Court of the Subordinate Judge of Paravur against the respondents seeking a decree for permanent prohibitory injunction. THE suit was listed for trial. THE defendants remained absent. THEy were set ex parte and the suit was decreed ex parte on 13.8.2009.

(2.) THE first defendant filed I.A.No.2838 of 2009 and the second defendant filed I.A.No.3242 of 2009 under Rule 13 of Order 9 of the Code of Civil Procedure to set aside the ex parte decree. THE court below allowed the applications as per Exts.P6 and P7 orders dated 26th October, 2010 on condition of payment of costs of Rs.2,500/- each. Exts.P6 and P7 are under challenge in this Original Petition filed by the plaintiffs.

(3.) THERE is no dispute that the first defendant had filed a Transfer OP before the District Court. The learned counsel for the petitioners submitted that in the Transfer OP, no stay was granted and the Transfer OP itself was dismissed on 13.8.2009. The counsel submitted that the first defendant had sworn to a false affidavit stating that stay was granted by the District Court. The counsel also submitted that the reasons stated by the second defendant for getting the ex parte decree set aside are also not sufficient for granting the prayer.