M.S.R.BALACHANDRAN Vs. A.SIVASAMY

JUDGEMENT

(1.) This Civil Revision Petition has been preferred challenging the order of the learned I Additional District Judge, Coimbatore dtd. 22/12/2021 made in I.A.No.3 of 2021 in O.S.No.113 of 2015.

(2.) The revision petitioners are the defendants, against whom the respondents have filed a suit for specific performance. Since the defendants were set ex-parte, they have filed a petition under Order IX Rule 7 CPC to set aside the ex-parte order passed and the same was dismissed. Aggrieved over that, the petitioners have preferred this revision petition.

(3.) The learned counsel for the petitioners submitted that the defendants have a very good defence in this case and due to ill health of the 2nd petitioner, she could not make her appearance before the Court and in the interest of justice, one opportunity may be given to the petitioners by way of setting aside the ex-parte order and allowing to them to participate in the trial.