KNANDAGOPAL CHETTY Vs. J RARTS

JUDGEMENT

(1.) THE above original side appeal has been filed against the order of the learned single Judge dated 25. 04. 2005 made in Application No. 3765 of 2004 in C. S. No. 1314 of 1995, in and by which the learned Judge set aside the ex parte decree dated 20. 04. 2004 passed in C. S. No. 1314 of 1995 on deposit of Rs. 25,000/- to the credit of said suit on or before 30. 06. 2005.

(2.) HEARD the learned counsel for the appellant as well as the contesting respondents 3 to 6.

(3.) IT is seen that an ex parte decree was passed on 20. 04. 2004, to set aside the same and to restore the suit on file, the defendants 3 to 6 / respondents 3 to 6 herein filed an application in application No. 3765 of 2004. In the affidavit filed in support of the above application it is stated that initially the suit was dismissed for default on 27. 03. 2001, and thereafter, the said suit was restored on 24. 0 1. 2002. While so, he was informed by the 6th respondent about the news item in "daily thanthi" dated 26. 07. 2004, stating that this Court decreed the suit for damages filed by Nandagopal Chetty and defendants 3 to 6 were directed to pay a sum of Rs. 2. 25 crores to the plaintiff. It is further stated that on hearing the same, he verified the Court records and came to know that the suit was listed for trial on 20. 04. 2004, ex parte evidence was taken and ex parte decree was passed on the same day itself and thereafter, he took steps to file an application to set aside the ex parte decree. It is also stated since he came to know the ex parte decree only on 26. 07. 2004, he filed the application on 27. 07. 2004 to set aside the ex parte decree dated 20. 04. 2004.