BABY VANITHA Vs. P K RAJAN

JUDGEMENT

(1.) THIS Civil Revision Petition has arisen from the order of the Principal District Munsif, Namakkal dated 24. 10. 2005 made in I. A. 1723 of 2004 in I. A. No. 1198 of 2001 in O. S. No. 711 of 2000 on the file of the Principal district Munsif, Namakkal to set aside the exparte final decree passed against the petitioner dated 31. 1. 2003.

(2.) HEARD the learned counsel for the petitioner. There is no representation for the respondent, when the matter was taken up for enquiry.

(3.) AFTER hearing the learned counsel for the petitioner, the Court is of the considered opinion that an order that has been passed is a ex-parte final decree against the second defendant only. Hence, in a case like this, where an application to set aside the final decree is passed, all the other defendants should have been impleaded, but it was not done so. It was also not brought to the notice of the lower court also.