LAISSA W/O PETER Vs. THRESSIA JACOB

JUDGEMENT

(1.) Aggrieved by the refusal on the part of the court below to set aside an ex parte decree, the defendants are in appeal.

(2.) The suit is one for partition. On 10.09.2012, the suit was posted for trial in the list. On the said date, due to the non-appearance of the defendants, he was set ex parte and preliminary decree for partition was passed. The defendants filed I.A. No.1571/2012 seeking to set aside the ex parte decree. The application was dismissed by the court below, against which the appeal.

(3.) There are five defendants in the suit. According to the defendants/petitioners, the third defendant was conducting the case on behalf of all the defendants. Since he fell ill, necessary arrangements could not be made for defending the suit at the time of trial. There was failure on their part to give necessary instructions to the counsel and thus, they happened to be set ex parte.