MARUDHACHALAM Vs. AMMULU

JUDGEMENT

(1.) CHALLENGE is made to an order of the II Additional subordinate Judge, Coimbatore, made in I. A. No. 533 of 2005 in O. S. No. 657 of 1989.

(2.) THE Court heard the learned Counsel for the petitioner/second defendant and also the learned Counsel for the respondent-proposed party.

(3.) THE learned Counsel would further add that so far as the abatement is concerned, no application has been filed to set aside the order; that apart from that, the order in I. A. No. 1173/97 which was dismissed for default, is also in force; that under the circumstances, without making those applications, the impugned order will not hold good; that without considering the same, the lower Court has passed the order, and hence, it has got to be set aside.