M PADMAVATHI Vs. C SENTHILVELAN

JUDGEMENT

(1.) BY consent of both parties, the main appeal itself is taken up for disposal.

(2.) THE appeal is directed against the order of the Additional District Judge-Fast Track Court No. 4, Coimbatore at Tirupur dated 28. 4. 2003 made in I. A. No. 794 of 2002 in O. S. No. 42 of 2002 in and by which the petition filed under Order 9 Rule 13 C. P. C. for setting aside the ex parte decree has been dismissed.

(3.) HEARD both sides. The appellant herein, defendant in O. S. No. 556 of 2000, which was renumbered as O. S. No. 42 of 2002 on the file of the Additional District Judge-Fast Track Court No. 4, Coimbatore at Tirupur, did not appear when the suit was posted on 18. 11. 2002 for examination of P. W. 1. After recording her absence, the Court below set her ex parte and passed an ex parte decree on 18. 11. 2002. Thereafter, she filed I. A. No. 794 of 2002 under Order 9 Rule 13 C. P. C. to set aside the ex parte decree setting out reasons for her illness and also the illness of her husband. The Court below, on going through the reasons stated in the affidavit, in the absence of medical certificate in support of her claim, dismissed the application. Hence, the present appeal.