LAWS(MAD)-2010-3-669

D SIVA KUMAR Vs. PERILOVANPATTI HINDU NADARS URAVINMURAI OWING T V A NALLAZHAGU SCHOOL PERILOVANPATTI REP BY ITS SECRETARY

Decided On March 18, 2010
D. SIVA KUMAR Appellant
V/S
PERILOVANPATTI HINDU NADARS (MADRAS) Respondents

JUDGEMENT

(1.) THE civil revision petitioner herein is the first defendant and the respondent herein is the plaintiff in the suit in O.S.No.69 of 2002, on the file of the Sub-ordinate Court, Ponneri. THE civil revision petitioner/first defendant filed an Interlocutory Application in I.A.No.466 of 2008, before the Trial Court, praying to set aside the ex-parte order passed against him, on 04.09.2005, under Order 9, Rule 7 of Civil Procedure Code. On 13.04.2009, the Trial Court dismissed the set aside application. Hence, the civil revision petitioner/first defendant herein, filed the above revision petition praying to set aside the said order.

(2.) THE short facts of the case are as follows: THE respondent/plaintiff has originally filed the civil suit in C.S.No.1567 of 1994 against the revision petitioner/first defendant and three other defendants for declaration, that the plaintiff is the absolute owner of the schedule mentioned properties and consequently granting a decree for permanent injunction restraining the first defendant, his agents, representatives and assigns from, in any manner, interfering with the possession and enjoyment of the schedule mentioned properties of the plaintiff. THE suit was subsequently transferred to Sub-Court, Ponneri, on the basis of jurisdiction and the suit was re-numbered as O.S.No.69 of 2002.

(3.) THE revision petitioner/first defendant has filed Interlocutory Application No.466 of 2008 against the respondent/plaintiff alone stating that the respondent/plaintiff has filed the suit for declaration that he is the absolute owner of the schedule mentioned properties and also for formal injunction, in O.S.No.69 of 2002.In the said suit the revision petitioner submits that he has not received any summons in the above suit inO.S.No.69 of 2002 filed by the respondents/plaintiffs herein. Further, the petitioner is not aware of the suit filed by the respondent herein, till he met the fifth defendant in this suit, who told the petitioner that a suit is pending against him before the Sub-Court, Ponneri. After knowing the fact that the suit is pending against him, he immediately, engaged the counsel for verification and the petitioner came to know that paper publication was ordered against him for the hearing on 15.07.2005.On effecting the paper publication, the petitioner was set ex-parte on 04.09.2005.