M ANANDAN Vs. C RAMALINGAM

JUDGEMENT

(1.) PETITION filed under Section 115 of Civil Procedure Code against the fair and decretal order dated 27.11.2007 in I.A.No,303 of 2007 in O.S.No,83 of 2006 on the file of the Principal District Munsif Court, Ambur, Vellore District. The revision petitioner/petitioner/defendant has projected this civil revision petition as against the order dated 27.11.2007 in I.A.No,303 of 2007 in O.S.No,83 of 2006 passed by the learned Principal District Munsif, Ambur, Vellroe District.

(2.) THE trial Court, while passing orders in I.A.No,303 of 2007 in O.S.No,83 of 2006 dated 27.11.2007, has observed that 'out of the suit amount of Rs.17, 760/-, 50% amount will have to be deposited by the revision petitioner within seven days i.e. before 05.12.2007 and further on the same day, the revision petitioner should file written statement and failure to do so will entail in dismissal of the application. In effect, the trial Court has passed a conditional order.

(3.) IN the affidavit filed by the revision petitioner in I.A.No,303 of 2007 before the trial Court,it is averred that the first notice sent to him in the suit has not been served on him and the same has been returned as affixed and next time since he has refused to receive the notice, the same has been affixed and returned with such an endorsement thereto and this has been accepted by the Court and on 14.6.2006 he has been set exparte and on 28.7.2006 the witness has been examined and an exparte decree has been passed against him etc.