LATHA SRIDHARAN Vs. RAJKUMAR

JUDGEMENT

(1.) THE Petitioner/Respondent/Plaintiff has filed the present Civil Revision Petition as against the order dated 25.02.2008 in I.A.No.52 of 2006 in O.S.No.170 of 2004 passed by the learned Principal District Judge,Dindigul.

(2.) THE Trial Court while passing the order in I.A.No.52 of 2006 in O.S.No.170 of 2004, has among other things observed that "the Respondents/Petitioners/ Defendants will have to be provided with an opportunity to set aside the ex-parte decree passed against them and as such that the delay of 525 days in regard to filing of an application to set aside the ex-parte decree has to be executed and resultantly allowed the application subject to the condition that the Respondents/ Petitioners/Defendants to pay a sum of Rs.500/- (Rupees Five Hundred only)as costs before 25.03.2008 to the Revision Petitioner/Plaintiff and directed the matter to be called on 26.03.2008."

(3.) IT is the contention of the learned Counsel for the Petitioner/Respondent/Plaintiff that the trial Court has failed to appreciate the important fact that the E.P.No.31 of 2007 as against the Ex-parte Decree has been filed and that the concerned properties has been sold in auction consequent to the order passed by the Executing Court.