SAVITHRI Vs. M/S KARUNYA EDUCATIONAL TRUST

JUDGEMENT

(1.) THE plaintiff in OS.NO.1791 of 2005 on the file of the Principal District Munsif Court, Coimbatore is the petitioner in the above civil revision petition.

(2.) IN the said suit, the defendants, who are the respondents herein, were set ex parte on 19.6.2006. To set aside the order setting the respondents herein ex parte, they filed an application in IA.No.1361 of 2006. The affidavit was sworn to by one Mr.Sundararaj, trustee of the Karunya Educational Trust. In the affidavit filed in support of the said application, it has been stated that when the suit was posted on 19.6.2006 for filing counter in IA.No.2059 of 2005 and written statement as a last chance the respondents had obtained all necessary particulars and were planning to meet their counsel a week prior to the date of hearing. It has been further stated that but, all of a sudden, he fell sick with severe viral fever and hence, could not meet his counsel. As he was aged about 82 years, the written statement could not be filed.

(3.) THE said application was contested by the petitioner herein.