RANGASAMI UDAYAN Vs. MANICKAM PILLAI

JUDGEMENT

(1.) Appellant before us was the 4th defendant in Original Suit No. 480 of 1915 on the file of the District Munsif of Tirukoilur. He received notice of suit and appeared in person on the 4th September 1915. He was then ordered under Order VIII, Rule 1 of the Civil Procedure Code, to file a written statement and at his own request was allowed time till 21st September 1915 to do so. He again appeared on the latter date, and apparently asked for further time but as the reasons he gave were insufficient in the opinion of the District Munsif, this request was refused. As he did not file the written statement on the 21st September 1915, as required, an order was passed on that date declaring him ex parte.

(2.) On the 12th October 1915, he applied under Order IX, Rule 7, to have the ex parte order set aside: but this application was dismissed.

(3.) He then presented a revision petition to this Court against the order dated 21st September 1915, which was dismissed by Coutts Trotter, J., on the 10th March 1916. Against the latter order, he prefers the present Letters Patent Appeal.