M PERIASAMY Vs. S RAMASAMY GOUNDER

JUDGEMENT

(1.) Defendants 5 to 21 are the petitioners in this revision. The Plaintiffs have filed the suit O.S. No. 503 of 1994 for a declaration to declare that the suit temples are denominal exclusively belonged to the plaintiff's sect and to restrain the defendants and their men from in any way interfering with the management or affairs of the suit temples by granting permanent injun ction.

(2.) Pending suit, the petitioners herein were impleaded as defendants 5 to 21 in the suit by way of an application filed by them to implead. The petitioners herein were set exparte on 28-01-1998 on the ground that they have not filed written statement. The petitioners herein have filed I.A. No. 519 of 2002 under Order 9 Rule 7 and Section 151 of CPC to set aside the ex-parte decree passed against them on 28-01-1998, which was dismissed by the trial court, hence this revision.

(3.) The case of the petitioners before the trial court is that they were unable to file written statement in time since their counsel has inadvertently sent the written statement duly signed by them along with the papers relating to WP No. 4484 of 1995 to the counsel at Madras. The Plaintiffs/respondents have opposed the said application on the ground that the petitioners were set ex-parte on 28-01-1998 but they have filed the petition only on 18-02-2002 i.e., after four years from the date of exparte order. Moreover, the written statement filed along with the setting aside petition was sworn only on 18-02-2002; that no valid reason was assigned to set aside the exparte order and in the absence of good and reasonable cause for their absence, the Court shall not set aside the exparte order.