SEETHALAKSHMI Vs. UMAYAPARVATHY

JUDGEMENT

(1.) CHALLENGE in this civil revision petition is to the order passed in Interlocutory Application No.717 of 1997 in Original Suit No.719 of 1990 by the Principal District Munsif Court, Padmanabhapuram and confirmed in Civil Miscellaneous Appeal No.8 of 2002 by the Subordinate Court, Padmanabhapuram.

(2.) THE revision petitioners as petitioners have filed the present petitions under Order IX, Rule 13 of Code of Civil Procedure, praying to set aside an ex parte decree passed against them on 24.04.1996 in Original Suit No.719 of 1990.

(3.) IT has been contended on the side of the revision petitioners/petitioners that the respondents 1 to 4 herein as plaintiffs have instituted the Original Suit No.719 of 1990 on the file of the Principal District Munsif Court, Padmanabhapuram, wherein the present revision petitioners/petitioners have been shown as the defendants 6 and 8 and further it is stated in the petition that on behalf of the revision petitioners/petitioners vakalath have been filed on 21.02.1990 on 14.08.1991. The fourth defendant is the relative of the sixth defendant/first revision petitioner. The revision petitioners/petitioners have directed the fourth defendant to look after the Original Suit No.719 of 1990, but on the side of the revision petitioners/petitioners written statements have not been filed and they have been set ex parte and ultimately judgment has been pronounced on 24.04.1996. Under the said circumstances, the revision petitioners/petitioners have filed the present petition praying to set aside the ex parte decree dated 24.04.1996 passed in Original Suit No.719 of 1990.