PAZHANIMALA AND ORS. Vs. THANKA AND ORS.

JUDGEMENT

(1.) The petitioners are defendant Nos.1, 3, 4 and 12, who filed application under Order 9 Rule 13 before the Munsiffs Court to set aside the ex-parte decree passed against them. The Munsiffs court allowed the said application with a condition to pay costs of Rs.3,000.00. However, the petitioner could not pay the costs. Therefore, the said application was dismissed by the Munsiffs Court.

(2.) The petitioner filed C.M.A. No.6 of 2006 before the District Court concerned. The District court concerned, as per Ext.P2 judgment, dismissed the appeal holding that the appeal is not maintainable, against which this Original Petition has been filed.

(3.) Service is complete. However, there is no appearance for the respondents.