BALASUBRAMANYAN
T. K. V. S. Vidyapoornachary Sons – Appellant
Versus
M. R. Krishnamachary – Respondent
ORDER :-After hearing learned Counsel at some length, I have come to the conclusion that the civil revision petition need not have been filed at all. Although this is one manner of stating the legal position, I will have to deal with the revision, as it has been preferred, in order to be able to say that it need not have been filed. The following are the circumstances in which the revision has been filed. The respondent instituted a suit against the petitioners herein. It was a suit for goods sold and delivered. The respondent prayed for a decree against the defendants in a certain sum. The defendants entered appearance and filed a written statement. In their pleadings in defence the defendants not only denied the suit claim, but also made a counter claim as against the plaintiff. Issues were framed in the suit on the above pleadings between the parties. The suit was set for trial. But on the date of hearing, the defendants did not appear either in person or by Counsel. The Court accordingly proceeded ex parte and gave Judgment in favour of the plaintiff. While doing so, the court decreed the plaintiff's claim and dismissed the defendants' counter-claim.
2. The defendants
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