S.ANANTH Vs. ARULPANDI

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order dtd. 2/6/2025 made in I.A.No.6 of 2025 in O.S.No.572 of 2024 on the file of the Principal District Munsif Court, Tenkasi.

(2.) The petitioner is the fourth defendant in the suit filed by the respondents/plaintiffs in O.S.No.572 of 2024 on the file of the District Munsif Court, Tenkasi. In that suit, the petitioner failed to appear for the suit proceedings and ex-parte order was passed on 28/4/2025 as against the petitioner herein. Seeking to set aside the said ex-parte order, the petitioner filed an application under Order IX Rule 7 and Sec. 151 of CPC on 29/4/2025 itself. The said application was allowed, however directing the petitioner to pay a sum of Rs.5,000.00 as costs. Challenging the same, the present Civil Revision Petition is filed.

(3.) The learned counsel for the petitioner submits that the exparte order was passed on 28/4/2025 as against the petitioner herein. The petitioner has filed an application to set aside the said exparte order on the very next day itself i.e., on 29/4/2025 without any delay. The petitioner has no intention to drag on the suit proceedings. However, the trial Court without considering all these aspects has imposed costs upon the petitioner and the same is not sustainable.