K PERUMAL Vs. D M KANDASAMY

JUDGEMENT

(1.) THIS Revision is preferred against the order of the Subordinate Judge, Sankari, made in I.A.No. 765 of 2002 in I.A.No. 527 of 2002 in O.S.No. 164 of 2002 dated 19-06-2003, dismissing the Application filed under Or.9 R.7 r/w. Sec.151 C.P.C., declining to set aside the exparte order passed in I.A.No. 527 of 2002. The Defendant is the Revision Petitioner.

(2.) THE Plaintiff filed the Suit in O.S.No. 164 of 2002 on the basis of the Promissory Note for recovery of a sum of Rs.66,750/-, alleging that the Defendant has borrowed a sum of Rs.50,000/- and did not repay the amount inspite of repeated demands and Legal Notice.

(3.) I.A.No. 765 of 2002 has been filed by the Revision Petitioner/Defendant under Or.9 R.7 r/w. Sec.151 C.P.C. praying to set aside the exparte order passed in I.A.No. 527 of 2002 on 25-11-2002. According to the Defendant, he was suffering from Typhoid Fever and he could not give proper instructions to his Counsel and hence, he was set exparte and that his absence was neither due to negligence nor carelessness and hence, prayed to set aside the exparte order passed against him