N S VALLUVAN Vs. B SELVAKUMAR

JUDGEMENT

(1.) When the appeal came up for admission, the learned counsels appearing on either side agree for taking the appeal itself for final disposal and hence, with the consent of the both sides, the appeal is taken up for final disposal.

(2.) The respondent filed O.S.No.27 of 2005, for recovery of a sum of Rs.9,45,000/- from the appellant based on the mortgage. The appellant remained ex-parte and a preliminary decree was passed on 18.06.2007. However, the ex- parte order was set aside and again an opportunity was given to the appellant. The appellant again remained absent when it was posted for cross-examination of the respondent. Therefore, he was set ex-parte and again, a preliminary decree was passed on 09.04.2008. It was posted for cross-examination of the respondent. The appellant filed I.A.No.27 of 2009, to set aside the ex-parte preliminary decree and to give him an opportunity to contest the suit.

(3.) The same was resisted by the respondent and the trial court rejected the application I.A.No.27 of 2009 on 29.10.2009, on the ground that the appellant was adopting dilatory tactics. The present appeal is against the said order, dated 29.10.2009.