ROY AUGUSTINE AKKARA Vs. SHA DIPCHAND DALAJI

JUDGEMENT

(1.) THE petitioner is defendant in OS.Nos. 4462 of 2008, 4461 of 2008, 4459 of 2008 and 4460 of 2008 on the file of V Additional Judge, City Civil Court, Chennai.

(2.) THE suit has been filed by the respondents for recovery of money along with interest,. When the case was posted for hearing on 08.08.2008, since the petitioner was not present before the court, he was called absent and set exparte and the exparte decree was also passed on the same day. Hence, he filed petition Order 9 Rule 13 of the CPC to set aside the exparte decree passed against him.

(3.) THE learned counsel for the petitioner Mr.K.F.Manavalan, submitted that not filing an application under Order 37 of CPC is not wrong, since the petitioner was not aware of the nature of the proceedings that the suit was filed under Order 37 of CPC and that he has shown his bonafide before the court by filing application properly on 11.08.2008 itself.