S. MURUGAN Vs. MALAICHAMY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 15 April, 2010 in I.A.No.65 of 2010 in O.S.No.177 of 2008, whereby and whereunder, the learned Additional District Munsif -cum - Judicial Magistrate, Manamadurai, was pleased to dismiss the application filed by the petitioners to condone the delay in filing the application to set aside the exparte decree.

(2.) The respondents filed a suit against the petitioners before the Additional District Munsif -cum - Judicial Magistrate Court, Manamadurai. The suit was filed for a decree of declaration and permanent injunction. The petitioners appeared before the Trial Court and contested the matter.

(3.) The petitioners were earlier set exparte by the Trial Court. The petitioners filed an application to set aside the said order. The application was allowed, subject to payment of cost. Since cost was not paid, the application was dismissed. Thereafter, the petitioners failed to appear before the Trial Court and the same resulted in passing an exparte decree on 20 November, 2009.