AYYANAAL AMMAL Vs. A THANGASAMY

JUDGEMENT

(1.) THIS appeal is focussed as against the fair and decreetal order dated 17. 04. 2006 passed in unnumbered application in I. A. S. R. No. 11986 of 2006 in a. S. No. 9 of 2006 by the learned First Additional Subordinate Judge, Madurai.

(2.) HEARD both sides.

(3.) A re'sume' of facts absolutely necessary and germane for the disposal of this Civil Miscellaneous Appeal would run thus: a. S. No. 9 of 2006 was filed by the unsuccessful plaintiff before the First additional Sub Court, Madurai. It so happened that for the non-appearance of the respondent therein, the appellant was heard and Judgment was passed. Subsequently application in I. A. S. R. No. 11986 of 2006 was filed by the respondent viz. , Ayyanaal Ammal, for getting set aside such ex-parte Judgment of the appellate Court. The appellate Court did not number that I. A. , nevertheless gave a finding to the effect that the order passed by the appellate Court was not an ex-parte one.