S ANUSUYA Vs. ARULMIGHU RENUKA PARAMESHWARI DEVASTHANAM

JUDGEMENT

(1.) THE civil revision petitioner is the legal heir of the deceased father Narasimhalu, who was the defendant in Ejectment Suit No. 83 of 1990 on the file of the IV Small Causes Court, Chennai.

(2.) THE respondent/ plaintiff has filed a suit in Ejectment Suit No. 83 of 1990 for recovery of possession from Narasimhalu. The said Narasimhalu died on 9. 12. 1989 and hence, M. P. No. 1288 of 1990 was filed to bring on record his daughter/the civil revision petitioner as his legal heir. The said miscellaneous petition was allowed on 18. 11. 99. Later, M. P. No. 2386 of 1999 was filed by the respondent/plaintiff to carry out amendment and was allowed on 23. 12. 99. On 16. 9. 2002, an ex parte decree was passed against the petitioner in Ejectment Suit No. 83 of 1990. Earlier the petitioner who was impleaded as 2nd defendant by paper publication was set ex parte on 28. 6. 2000. It is contended that the revision petitioner was not directly served with summons through Court and she never resided at No. 45, N. S. C. Bose Road, Madras - 600 079. The revision petitioner, on coming to know about the passing of ex parte decree on 19. 9. 2002, filed a petition in M. P. SR. No. 5147 of 2002 to set aside the said ex parte decree, stating that the suit summons were not served on her and on coming to know about the ex parte decree, immediately, she has filed the petition. However, the said petition was rejected by the learned Judge, Fourth Court of Small Causes, Chennai on 29. 11. 2002. Aggrieved over the same, the present civil revision petition has been brought forth by the petitioner in revision.

(3.) IT is represented by the learned counsel for the petitioner that when a petition was filed under Order 9 Rule 13 of the Civil Procedure Code before the Lower Court to set aside the ex parte decree passed against the defendant, learned Judge ought to have numbered the said petition and ordered notice to the other side and thereafter, dispose of the same. Without doing so, the learned Judge has dismissed the said petition at the S. R. stage itself.