ARUKKANI AMMAL Vs. GURUSWAMY

JUDGEMENT

(1.) "The order impugned in this revision petition seeks to set aside an ex parte decree passed on 10.2.1982. The suit itself was filed on the basis of a promissory note and was listed for hearing on 10.2.1982 for final disposal. The defendant did not appear on that date and an ex parte decree was passed. On 5.3.1982, an application for setting aside the ex parte decree was made on the vague ground that the defendant was suffering from illness and that on 10.2.1982 the counsel withdrew from the case, and therefore, the ex parte order should be set aside. On this application, a rather unusual order has been passed by the Principal District Munsif. The order reads as follows:

(2.) THE vague allegation that the defendant was ill is hardly any justification for setting aside the ex parte decree and such an allegation cannot amount to proof of sufficient cause which is a mandatory requirement before an ex parte decree is set aside.