K.GOVINDARAJAN
Ponnammal – Appellant
Versus
Subburaman & Another – Respondent
This Revision Petition is filed against the order passed by the learned District Munsif, Manaparai in I.A.No.147/2003 in O.S.No.196/2002, dated 25.2.2003, refusing to set aside the ex-parte decree passed on 9.12.2002.
2. The petitioner is the defendant in the suit. The respondents/plaintiffs filed a suit in O.S.No.196/2002 for declaration that they are the absolute owners of the suit property and for permanent injunction. The suit was posted on 9.12.2002 for filing written statement. Since nobody appeared for the defendant nor filed written statement on 9.12.2002, the suit was decreed ex-parte To set aside the said order, the petitioner filed I.A.No.147/2003. He has also filed written statement and necessary documents along with the affidavit filed in support of the said Application.
3. The said Application was contested by the respondents/plaintiffs.
4. The trial Court has not accepted the reason given to set aside the ex-parte decree and also found that the petitioner/defendant cannot be allowed to file written statement beyond 90 days from the date of service of summons in the suit. On the basis of the said findings, the said Application was rejected by the court below.
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