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1987 Supreme(Mad) 36

M.N.CHANDURKAR
Arukkani Ammal – Appellant
Versus
Guruswamy – Respondent


ORDER

M.N. Chandurkar, C.J.

1. The order impugned in this revision petition seeks to set aside an ex parte decree passed on 10.2.1982. The suit itself was filed on the basis of a promissory note and was listed for hearing on 10.2.1982 for final disposal. The defendant did not appear on that date and an ex parte decree was passed. On 5.3.1982, an application for setting aside the ex parte decree was made on the vague ground that the defendant was suffering from illness and that on 10.2.1982 the counsel withdrew from the case, and therefore, the ex parte order should be set aside. On this application, a rather unusual order has been passed by the Principal District Munsif. The order reads as follows:

The counsel for the respondent has on many occasions previously conceded for allowing on terms for more than a year old case. Though it is not a ground, this petitioner has stated that he was suffering from illness. An ex parte decree cannot be considered to be a full decree on merits. Hence, on condition Rs. 50 to be paid towards costs to the other side on or before 15.10.1982, the petition will be allowed.

Not much argument is needed to see the infirmity in this order. In another matter C.



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