Unjustified setting aside of ex-parte decrees and the need to afford reasonable opportunity to the appellant-society influenced the court's decision to allow the appeals and direct the Trial Court to proceed with the trial.

JUDGMENT :

BANUMATHI, J.

1. These appeals arise out of order dated 29th September, 2016 of the High Court setting aside Orders dated 29th October, 2015 and 2nd November, 2015 passed by the Trial Court in and by which the Trial Court has set aside the preliminary decree as well as the final decree passed in favour of the respondents.

2. The appellant-society claims to have purchased the entire 93.25 acres of land in Survey No(s).148-155 from six joint owners including Mohd. Ismail, the father of respondent no.1, by a sale deed dated 20th May, 1980. The appellant-Society claims to have developed the said land by making the house plots numbering 1197 plots and is said to have delivered the possession of the plots to its 1197 members. The appellant-Society also claims that many of its members have built their houses on the said plots which is refuted by the respondents.

3. Respondent No(s).1 and 3 to 8 have filed suit for partition in respect of certain extent of land in Survey No(s).148-155 in O.S. No.21 of 2004. In the said suit, preliminary decree dated 14th November, 2005 and final decree dated 17th April, 2007 were passed. In both, preliminary and final decree stage the appellant-Society herein was set ex-parte. According to the appellant-Society, they were not served with summons and that the summons were served on a wrong person.

4. Having learnt of the ex-parte decrees, on 22nd May, 2007 the appellant-Society filed I.A.NO(s).232/2007 and 233/2007 to set aside the preliminary and final decrees. By order dated 29th August, 2008, the Third Addl. Judge allowed both the applications - I.A.NO(s).232/2007 and 233/2007, by observing that the ex-parte decree was obtained by keeping the appellant in the dark.

5. Even when those applications were pending, the respondents filed O.S. No.2980 of 2007 challenging the sale deed dated 20th May, 1980 and prayed for setting aside the same. In the said suit -O.S. No.2980 of 2007, the first respondent filed I.A. No.1208 of 2013 seeking extension of time to comply with the conditional order and the said application was dismissed by 25th October, 2013. Subsequently, as no evidence was adduced in O.S. No.2980 of 2007 the same came to be dismissed.

Challenging the orders passed in I.A.NO(s).232/2007 and 233/2007, the first respondent filed C.R.P. No.462 of 2009 and C.R.P. No.803 of 2009 before the High Court and the same was allowed and the matter was remanded to the Trial Court on the ground that the trial court had not given detailed reasons.

6. On remand, the Third Additional Judge by a well reasoned order dated 29th October, 2015 and 2nd November, 2015 once again set aside the preliminary and final decree dated 14th November, 2005 and 17th April, 2007 respectively. Subsequently, the appellant-Society has also filed written statement in the partition suit i.e. O.S.No.21/2004.

7. Being aggrieved by order dated 29th October, 2015 and 2nd November, 2015 setting aside the ex-parte preliminary and final decree dated 14th November, 2005 and 17th April, 2007 respectively, the first respondent filed revision before the High Court i.e. C.R.P. NO.1214 of 2016 and C.R.P. No.1231 of 2016. The first respondent has also filed C.R.P. NO.820 of 2014 for restoration of their suit, O.S. No.2980 of 2007. By impugned order, the High Court has allowed all the three revisions and again remanded the matter to the Third Additional Judge for fresh consideration which is impugned in these appeals.

8. We have heard Mr. C.U. Singh, learned senior counsel, and Ms. Madhvi Divan, learned counsel, both appearing for the appellant-Society and Mr. Anupam Lal Das, learned counsel appearing for the respondents and also perused the impugned order and materials on record.

(9) By perusal of Orders dated 29th October, 2015 and 2nd November, 2015, we find that the order of the Third Additional Judge setting aside the preliminary and final decrees dated 14th November, 2005 and 17th April, 2007 respectively, is upon consideration of the averments