LAWS(MAD)-2010-4-385

NANDAGOPAL Vs. MINOR GAYATHRI

Decided On April 19, 2010
PARAMASIVAM Appellant
V/S
MINOR GAYATHRI Respondents

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellants/petitioners against the I.A.No.1347 of 2005 in O.S.No.6 of 2002, dated 14.08.2007, on the file of the Additional District Court, Fast Track Court-II, Salem. The appellants have filed an interlocutory application in I.A.No.1347 of 2005 to set aside the ex-parte decree dated 20.09.2005, passed against the appellants in O.S.No.6 of 2002.

(2.) The appellants/petitioners/defendants have inter alia stated that the said suit in O.S.No.6 of 2002 was posted for trial on 20.09.2005. As the first appellant had been away at Salem Town for his business affairs and had been held up at Coimbatore and as he fell ill, he could not appear before the Court on 20.09.2005. Further, the first appellant submitted that he is alone looking after the case, on behalf of the second appellant also, who is none other than his brother. The appellant also has filed a written statement in the said suit. The non-appearance of the appellants is neither wilful nor wanton but only for the above said bonafide reasons. Hence, they have prayed to set aside the ex-parte decree passed in O.S.No.6 of 2002, dated 20.09.2005.

(3.) The respondent/plaintiff has filed a counter statement stating that the above set aside application is the second application filed by the appellants with the intention to drag on the proceedings. An earlier application in I.A.No.777 of 2004, dated 08.04.2004 was also made to set aside the ex-parte decree. The same was allowed on 14.11.2004. A similar application in I.A.No.266 of 2002 was also made by the appellant and this was also set aside by the appellant and this was also set aside by the learned Trial Judge on 19.06.2003. The above I.A.No.1347 of 2005 is the third petition made by the appellant to set aside the decree dated 20.09.2005. The same was dismissed on 14.08.2007 by the learned Additional District Judge, Salem.