MURUGAN Vs. K ELUMALAI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order, dated 17.07.2009 made in I.A. No. 6195 of 2009 in O.S. No. 3513 of 2006 on the file of the VII Asst. Judge, City Civil Court, Chennai.

(2.) The petitioners herein were the defendants 1 and 3 in the suit, which was filed by the first respondent/plaintiff, seeking a decree directing the defendants to hand over the vacant possession of the schedule mentioned property therein. The defendants were called absent and set exparte and an exparte decree was passed on 11.09.2007 by the Court below. Aggrieved by which, the defendants 1 to 3 filed an Interlocutory Application under Order 9 Rule 13 CPC to set aside the exparte decree, with the petition under Section 5 of the Limitation Act to condone the delay of 586 days in filing the petition to set aside the exparte decree.

(3.) By a common order, dated 17.07.2009, the Interlocutory Application in I.A. No. 6195 of 2009 and other two Interlocutory Applications filed in I.A. Nos. 6197 and 6198 of 2009 were dismissed by the Court below. Aggrieved by the order passed in I.A. No. 6195 of 2009, this Civil Revision Petition has been filed. It is seen from the common order, dated 17.07.2009 that the other application in I.A. No. 6197 of 2009 was filed under Order 9 Rule 13 CPC, seeking an order to set aside the exparte decree and I.A. No. 6198 of 2009 was filed under Section 151 CPC, seeking an order to grant stay of all further proceedings pursuant to the exparte decree.