RAJASEKAR Vs. DHAVAMANI

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. This Revision is by the second defendant in OS No.245 of 2011, a suit for partition and separate possession of the plaintiff's half share in the suit properties and for mesne profits.

(2.) The second defendant was set exparte in the suit on 19.09.2011 for not filing the written statement. The other defendants had filed a written statement and the suit was being proceeded with. According to the second defendant, he had plotted out the items 1 to 5 of the suit properties and sold to the other defendants in the suit, when he approached the other defendants they had informed him that they would be engaging a counsel and prosecuting the suit. Therefore, he thought that his interest would also be protected by the purchasers and required them to conduct the suit on his behalf also.

(3.) Only on 04.08.2017 he came to know that the other defendants had also remained exparte and the suit is to be decreed in favour of the plaintiff, as proclaimed by the plaintiff in the village. Immediately, he had engaged the present counsel and made search of the records only to find that he was set ex parte on 19.09.2011and since the other defendants also did not prosecute the suit, the evidence of the defendants was closed and the suit was posted for arguments. He would also further aver that he was under the belief that the counsel who had appeared for the other defendants were prosecuting the matter on his behalf also. Claiming that he came to know about the exparte order only on 04.08.2017, he had filed the present application on 07.08.2017, under Order 9 Rule 7 of the Code of Civil Procedure, seeking to set aside the ex parte order passed against him, to permit him to file a written statement and proceed with the suit.