MANAGER, JENISAN LAND PROMOTERS Vs. R. KOHILAVANI

JUDGEMENT

(1.) The revision petitioners herein had filed an application under Order IX Rule 7 of the Civil Procedure Code and the same has been returned as not maintainable. Challenging the return of the IA without numbering the application and to dispense with the production of the copy of exparte order passed by the District Consumer Disputes Redressal Forum, Theni in C.C.No.61/2016, dated 07.02.2017, the present revision petition is filed along with miscellaneous petition.

(2.) Heard the learned counsel for the petitioners and perused the materials placed before this Court.

(3.) Perusal of the record reveals that in the consumer complaint filed by the respondent herein, a decree had been passed on 07.02.2017 and the complainant has initiated execution process. In such circumstances, after declaring the revision petitioner exparte for his non appearance, the complaint has later culminated into a final decree. Therefore the consumer Court has rightly returned the application filed to set aside the exparte order under Order IX Rule 7 CPC., since the exparte order has later merged with final decree.