MOHAN Vs. NATCHIAMMAL; BALASUNDARAM; SURESH

JUDGEMENT

(1.) This petition has been filed by the petitioner to set aside the order in I.A.No.1293 of 2007 in O.S.No.179 of 2007 dated 22.07.2010 on the file of the District Munsif Court, Musiri.

(2.) The Brief facts of the case are as follows:-

(3.) The learned counsel for the petitioner/1st defendant argued that the 1st defendant had himself admitted that his affidavit for condoning delay of 25 days is false since the petitioner is an illiterate and is not able to understand the questions asked in the cross-examination. This kind of statements made is prejudiced to the interests of the 2nd respondent. The learned counsel for the 1st defendant argued that as per the plea of the plaintiffs and defendants, several issues had been raised. Therefore, after framing issues in the suit and after adjudication, only thereafter both the parties will get proper justice before the Court. As such, the ex-parte order shall be set aside for the interest of both parties.