K ALIVELAMMA Vs. K SURYANARAYANA

JUDGEMENT

(1.) Aggrieved by the dismissal of the petition under Rule 7 of Order 9 CPC to set aside the ex parte order passed against her, second defendant in a suit for specific performance preferred this revision.

(2.) The case of the revision petitioner is that though she received summons in the suit, as her sons were looking after all the cases filed in various courts against her, she thought that her sons would look after this suit also and about 10 days prior to the filing of the petition she came to know that she was set ex parte as she did not file her written statement, and as she is informed that she has a good case and has to file a written statement contesting the suit, the ex pane order passed against her may be set aside and she may be given an opportunity to file her written statement and contest the suit.

(3.) First respondent (plaintiff) opposed the application on the ground tnaf the petition is got filed by the sons of the revision petitioner to drag on the proceedings after the case is posted for arguments.