N KASINATHAN Vs. M GANESAN

JUDGEMENT

(1.) ORDER: This civil revision petition is directed against the fair and decretal order dated 13.10.2000 made in I.A.No.5 of 2000 in A.S.No.62 of 1998 by the Court of Subordinate Judge, Tiruvarur, thereby dismissing an application filed by the plaintiff in the suit underO.41, Rule 21 and Sec.151, C.P.C. praying to set aside the order dated 8.10.1998 passed ex parte against the petitioner and the subsequent order dated 16.12.1998 thereby admitting the above appeal in A.S.No.62 of 1998.

(2.) TODAY, on a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the application had been filed underO.41, Rule 21 and Sec.151, C.P.C. praying for the relief extracted supra on grounds that the suit filed by the petitioner for permanent injunction had been decided in his favour and the respondent herein had preferred an appeal in A.S.No.190 of 1998 which got transferred to the Court of Subordinate Judge, and the same got renumbered as A.S.No.62 of 1998; that the very date on which the appeal had been taken on file was on 8.10.1998, and that the petitioner had been set ex parte on ground that he had refused to receive summons; that himself since being a Government servant leaving home by 8 a.m. and returning back home at 8 p.m. on all working days, including on 8.10.1998 when on false grounds that he had refused to receive the summons, had been set ex parte; that further allowing the above appeal suit passing the judgment against the petitioner on 28.12.1998 and as such, the petitioner came to understand the above facts only on 26.7.1999 when had suspicion, he checked up with his lawyer and the Court records, and therefore, it is false to allege that he refused to receive the summons and hence seeking to avoid further damage to his interests, had come forward to file the above application, seeking redressal.