VETRISELVI AND OTHERS Vs. KALIAMMAL AND OTHERS

JUDGEMENT

(1.) These Civil Revision Petitions have been filed against the order passed by the learned District Munsif Court, Palani, in I.A. Nos. 510 and 511 of 2011 in O.S. No. 375 of 1985.

(2.) The first petitioner in C.R.P(MD). No. 1191 of 2014 and the second petitioner in C.R.P(MD). No. 1193 of 2014 is the seventh defendant in the suit in O.S. No. 375 of 1985 on the file of the District Munsif Court, Palani. Pursuant to the preliminary decree passed in O.S. No. 375 of 1985, a final decree application in I.A. No. 1698 of 2006 was filed by the plaintiffs in the suit. However, in the said final decree application, the seventh defendant was set ex-parte. Hence, the petitioners filed an application in I.A. No. 510 of 2011 to set aside the ex parte order passed in the final decree proceedings. Another application was filed in I.A. No. 511 of 2011 by the revision petitioners to permit the Power of Attorney to prosecute the case on behalf of the seventh defendant in the suit. These two applications were dismissed by the trial Court.

(3.) The first application in I.A. No. 510 of 2011 was dismissed on the ground that the petitioners were set ex parte since counter was not filed and that the reason stated in the accompanying affidavit that the petitioners have gone to Kerala was not acceptable. Further, it is pointed out that the interlocutory application in I.A. No. 440 of 2008, which was filed earlier by the revision petitioners to receive the counter, was dismissed on merits on 04.08.2010 on the ground that a separate application to set aside the order setting the seventh defendant was not filed. Since the present application has not been filed within a reasonable time, the trial Court observed that there is no merit in the application filed by the petitioners to set aside the order setting the seventh defendant ex parte.