DHANAM AND ANOTHER Vs. S.P. MANICKAM

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 03.12.2013 made in I.A.No.876 of 2013 in I.A.No.85 of 2013 in O.S.No.380 of 2004 on the file of the Additional District Munsif Court, Namakkal.

(2.) The petitioners are plaintiffs and respondent is the first defendant in O.S.No.380 of 2004 on the file of the Additional District Munsif Court, Namakkal. The petitioners filed the said suit for partition against the respondents and two others. In the said suit, a preliminary decree was passed by the judgment and decree dated 29.06.2006. The petitioners filed I.A.No.85 of 2013 under Order 26, Rule 13 and 14 of C.P.C for passing of final decree. The said application was ordered on 26.04.2013. The respondent has filed I.A.No.876 of 2013 under Order 9, Rule 7 of C.P.C to set aside the exparte decree passed in I.A.No.85 of 2013. According to the respondent, he was suffering from illness and he could not contact his Advocate to instruct him to appear on the date of hearing on 26.04.2013. After he recovered from illness, he contacted his Advocate and came to know about the exparte order in the final decree application and filed the present application to set aside the exparte decree.

(3.) The first petitioner filed counter affidavit, which was adopted by the second petitioner and contended that the respondent has not given any particulars about the disease he suffered. After preliminary decree, the respondent filed A.S.No.165 of 2006 against the preliminary decree. The said appeal was dismissed on 06.04.2010. The respondent has not filed any further appeal. In the final decree application, notice was sent to the respondent. He manipulated without receiving the same. As per the order of the Court, notice was served by substituted service. The intention of the respondent is only to drag on the proceedings and prayed for dismissal of the application.