K PALANI Vs. K PATTABIRAMAN

JUDGEMENT

(1.) THE revision petitioner/respondent/plaintiff has filed this civil revision petition as against the order dated 21. 8. 2008 in I. A. No. 321 of 2007 in O. S. No. 100 of 2002 on the file of Sub Court, Ranipet in allowing the application filed by the respondent/petitioner/1st defendant under Order 9 Rule 7 of CPC.

(2.) THE trial Court has allowed the I. A. No. 321 of 2007 by directing the respondent/petitioner/first defendant to pay a cost of Rs. 500/- to be paid on or before 28. 8. 2008 and posted the matter to 29. 8. 2008.

(3.) THE respondent/petitioner/first defendant before the trial Court has filed I. A. No. 321 of 2007 in O. S. No. 100 of 2002 under Order 9 Rule 7 of CPC praying to set aside the exparte order dated 21. 10. 2002 passed in O. S. No. 100 of 2002 against him. The respondent/petitioner/first defendant has ascribed the reason to the effect that he was suffering from Jaundice during the month of October 2002 and he took native treatment and therefore, he could not meet his counsel and give instructions to prepare the written statement. Since the written statement was not filed, the respondent/petitioner/first defendant was set exparte on 21. 10. 2002.