K RAVI GANESH Vs. M SHANMUGAVADIVU

JUDGEMENT

(1.) This revision has been filed against the order passed in I.A.No.3 of 2010 in O.S.No.770 of 2008 by the lower Court, an application to set aside the exparte order passed against the petitioner.

(2.) Heard Mr.K.Kalyanasundaram, learned counsel for the petitioner and Mr.N.Manoharan, learned counsel for the respondent.

(3.) The learned counsel for the petitioner would submit in his argument that the petitioner was arrayed as third defendant in the suit filed by the respondent/plaintiff in a suit for partition and separate possession of the suit properties and no notice was served upon him since he was living in Australia during the filing of the said suit and when he came over India, he could find that the suit was filed against him and was set exparte without even the notice was served upon him. He would further submit that the lower Court had come to a conclusion of ordering to set aside the exparte order, but, it had levied a huge cost of Rs.20,000/- to be paid as the cost of the service of summons through publication in Australia and the petitioner is not responsible for such a huge cost and therefore, the condition imposed by the lower Court should have been cancelled as onerous and the petitioner may be permitted to participate in the trial. He would therefore, request the Court to set aside the order passed by the lower Court and to pass suitable orders.