ORDER :

Abdul Quddhose, J.

1. The instant revision has been filed challenging the order dated 07.09.2012 passed by the XIVth Assistant Judge, City Civil Court, Chennai in 1. A.No. 18018 of 2010 in O.S.No.1740 of 2003.

Brief facts leading to the filing of the instant revision:

2. The petitioners are the defendants 2 to 4, the first respondent is the plaintiff and the second respondent is the first defendant in the suit O.S.No.1740 of 2003. The first respondent filed a summary suit under Order 37 of Code of Civil Procedure for recovery of Rs. 3,18,546/- together with interest at the rate of 24% per annum from the date of plaint till the date of realisation against the petitioners. The suit was filed for the alleged non-repayment of loan by the late S.K. Bansal who is the husband of the first petitioner and the father of the second and third petitioners, in which, an ex-parte decree came to be passed on 24.09.2003. I.A.No.18018 of 2010 was filed by the petitioners in O.S.No.1740 of 2003 seeking to set aside the ex parte decree under Order 9, Rule 13 of Code of Civil Procedure. Thereafter, on coming to know that the decree was passed under Order 37 of Code of Civil Procedure, an applicatio