PARAMESWARAN TAMPI Vs. MADHAVAN PILLAI

JUDGEMENT

(1.) THE defendant is the petitioner herein. The revision petition arises out of proceedings seeking to set aside an ex parte decree passed against him in O. S No. 414 of 1963 on the file of the Additional District Munsif, Padmanabhapuram.

(2.) THE petitioner's contention is that he is a defendant in O. S No. 414 of 1963, that the respondent filed the suit on an alleged promissory note dated 23-12-1960, that he did not execute the promissory note, that he did not receive any money thereunder, that the respondent obtained an ex parte decree on 7-1-1964, without his knowledge of the suit, that he had knowledge of the suit only on 24-8-1969, when a process was served on him from District Munsif's court. Kuzhithurai, in the execution proceedings, that he did not receive that suit summons, that he did not refuse to receive the suit summons, that the endorsement of the post man on the letter enclosing the suit summons that the defendant refused to receive summons is false, that there is no proper service of summons. that there is no affixture of summons either by the process-server or by the post peon, that he had no knowledge about the case or the decree till 34-8-1969, and that the present application, out of which the present revision petition arises, was filed soon after.

(3.) THE respondent-plaintiff filed a counter contending that the defendant was fully aware of the decree passed in the case, that summonses were sent to him through post as per the order of Court, that the defendant refused to accept the summons sent through post, that the defendant borrowed Rs. 1200 from the plaintiff and executed a promissory note therefor in his own hand writing and that there is no sufficient ground to set aside the ex parte decree and restore the suit to file.