RAJA SIR ANNAMALAI CHETTIAR TRUST Vs. K. MAHADEVAN

JUDGEMENT

(1.) This revision is at the instance of the plaintiff in O.S.No.120 of 2010 against an order made in I.A.No.283 of 2018 which is an application filed under Order IX Rule 13 of the Code of Civil Procedure, to set aside the exparte decree passed in the said suit.

(2.) The suit is one for ejectment and recovery of arrears of rent. The suit has had a chequered progress. It appears that there was an order setting the defendant exparte and the same was set aside and thereafter the suit proceeded for trial. The plaintiff's witness was examined and cross examined. Since the defendant did not chose to let in evidence, the trial Court passed an exparte decree on 09.02.2018. The very next day that is on 10.02.2018, the defendant filed an application to have the exparte decree set aside.

(3.) The learned trial Judge upon being convinced about the reasons assigned for the absence on 09.02.2018, allowed the application and set aside the exparte decree. Aggrieved by the same, the plaintiff has come up with this Civil Revision petition.