JUDGMENT: The unsuccessful plaintiff before the Courts below is the appellant herein.

2. The plaintiff filed a suit against the defendant in O.S.No.316 of 1987 on the file of the District Munsif Court, Panruti praying the Court to declare that the decree passed on 28.3.1985 in O.S.No.165 of 1985 against the plaintiff and Sembulinga Padayachi in favour of the defendant is not valid in law; in the alternative to allow the plaintiff to defend the case by directing the proceedings in O.S.No.165 of 1985, on the file of the District Munsif Court, Panruti to reopen and to hear the case afresh and finally to issue an order of injunction restraining the defendant from executing the decree in O.S.No. 165 of 1985.

3. It is the case of the plaintiff that the respondent/ defendant obtained an ex parte decree against the plaintiff and Sembulinga Padayachi in O.S.No.165 of 1985 on the file of District Munsif Court, Panruti on the foot of the pro-note executed by them on 19.2.1984 in favour of the defendant for Rs. 1,500 and to repay the same with interest at 12 per annum. The case of the plaintiff is that in fact no summon was served on him in the suit and he came to know of the decree passed again

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