RAJANGAM Vs. SENTHAMARAJ

JUDGEMENT

(1.) What are the essential factors to be considered while considering the Application to set -aside the exparte decree - whether it is a justifiability of the reasons stated for non -appearance alone before the Court or the nature of pleadings / defence, the stake involved and the possibility of rendering substantial justice, at the same time compensating the loss and inconvenience caused to the other side is the issue canvassed in this Revision Petition.

(2.) Defendants 2, 8 and 9 in the suit are the Revision Petitioners and the plaintiffs are the respondents.

(3.) The plaintiffs / respondents herein filed a suit in O.S.No.243 of 1997, claiming their 3/6th share in the suit property. This suit was filed before the learned Principal District Munsif, Cheyyar, and later, on the orders of transfer by the learned Principal District Judge, Tiruvannamalai, it has been transferred to the file of learned Additional District Munsif, Cheyyar, in which Court, it has been numbered as O.S.No.120 of 1994. The suit has been dismissed for non -appearance of both parties on 15.12.1999. Later on, after restoration, for non -appearance of the defendants and non -filing of the written statement, the defendants had been set exparte, on 30.04.2001. The judgment was delivered on 09.11.2001, decreeing the suit.