THANGAVELPILLAI Vs. PERIYASAMY UDAYAR

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 3.8.2007 made in I.A.No.1561 of 2005 in O.S.No.647 of 1995 on the file of the learned District Munsif, Perambalur.

(2.) THE petitioner is the defendant in O.S.No.647 of 1995. THE respondent is the plaintiff on the file of the learned District Munsif, Perambalur. THE case was posted on 17.10.1995 for filing written statement. Since the written statement was not filed on the said date, he was called and an ex parte order was passed. THE case was posted for the appearance of the plaintiff and for recording his ex parte evidence on 17.11.1995, 20.11.1995 and 11.12.1995, however he did not make his presence before the Court. Finally on 21.12.1995, when the case was posted for his appearance, he did not appear before the Court, resulting in the dismissal of the suit for non-prosecution.

(3.) HEARD Mr. P. Valliappaan, the learned counsel for the petitioner.