S SAVITHIRI Vs. PANCHUAMMAL

JUDGEMENT

(1.) This civil revision petition is directed against the fair and decreetal orders, dated 28.09.2016, passed in I.A.No.268 of 2016 in O.S.No.266 of 2003, on the file of the Sub Court, Pudukkottai.

(2.) In the suit laid by the petitioner / plaintiff, it is found that the respondents / defendants had been set ex parte on 16.03.2016 and to set aside the ex parte order passed against them, the above said application has been preferred by the respondents / defendants under Order 9 Rule 7 of the Code of Civil Procedure. According to the respondents / defendants, the suit had been listed for the cross-examination of the petitioner / plaintiff on 16.03.2016 and on account of their non-appearance, they had been set ex parte and the failure on the part of the respondents / defendants to appear before the Court below on 16.03.2016 is neither wilful nor wanton and hence, prayed for the setting aside of the ex parte order passed against them on 16.03.2016.

(3.) The above said application of the respondents / defendants is resisted by the petitioner / plaintiff contending that the respondents / defendants have already been set ex parte on 17.10.2003 and consequently, an ex parte decree has been passed in favour of the petitioner / plaintiff on 21.01.2004 and the said ex parte decree is still in force and hence, the present application is not maintainable and further, according to the petitioner / plaintiff, pursuant to the ex parte order obtained, she has levied the execution proceedings and deposited the amount in the Court and obtained the sale deed in her favour and in such view of the matter, the present application laid by the respondents / defendants to set aside the ex parte order, dated 16.03.2016, is not maintainable and if the same is allowed, the petitioner / plaintiff would be put to great loss and hardship and hence, the application is liable to be dismissed.