C. LAKSHMANAN Vs. J. RADHAKRISHNAN

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set-aside Docket order dtd. 13/12/2022 in I.A.No.2 of 2022 in O.S.No.141 of 2019 on the file of the IV Additional District & Sessions Court, Thiruvallur @ Ponneri.

(2.) The revision petitioners are the defendants in the suit and the respondents herein instituted a Suit for Declaration and Permanent injunction to declare that the Settlement Deed dtd. 27/9/2017 registered as Document No.6219 of 2017 is null and void. The suit was dismissed for default on 13/12/2022. The suit was dismissed for default on account of the non-appearance of the plaintiffs and thus, the plaintiffs filed I.A.No.2 of 2022 in O.S.No.141 of 2019 to set aside the ex-parte order and to restore the suit for adjudication. The trial Court considered the Interlocutory Application and allowed the Interlocutory Application on 13/12/2022 on condition to pay a cost of Rs.1,000.00 to the respondents/defendants on or before 22/12/2022, failing which, the petition stands dismissed.

(3.) The learned counsel for the revision petitioners state that the relief sought for in the Interlocutory Application filed in I.A.No.2 of 2022 is to restore the suit filed by the respondents in O.S.No.141 of 2019 and there is no specific relief sought for to set aside the ex-parte order passed. Therefore, the Interlocutory Application filed under Order 9 Rule 9 of C.P.C is not maintainable. It is further contended that, out of four plaintiffs, three plaintiffs were not interested in pursuing the suit and thus, the trial Court ought to have restricted the relief only in respect of one plaintiff alone. For all these reasons, the Civil Revision Petition is to be considered.