SUBBIAH Vs. MUTHUKRISHNAN

JUDGEMENT

(1.) THIS Civil Revision Petition is a good illustration of how a simple claim for a money decree on the basis of a promissory note can be kept pending for more than 12 years at one stage or another by taking recourse to what now appears to be a normal technique of allowing ex parte orders to be passed and then moving the court for setting aside all ex parte decrees or orders.

(2.) THE suit in the instant case which is based on a promissory note was filed as far back as in 1974 being O.S.No.618 of 1974. THE record of C.R.P 3340 of 1983, which was filed by one of the judgment-debtors shows that in the suit an ex parte decree was passed and on a petition filed by the judgment-debtors, the ex parte decree was set aside.

(3.) IN this revision petition it is contended by the learned counsel that he had been given only one opportunity to file a counter and the learned Principal District Munsif dismissed the application purported to be made under Or.9, R.7 read with Sec.151 C.P.C.