J U D G M E N T

K.M.Joseph, J.

The petitioner calls in question Ext.P3. Petitioners are the respondents in O.P.No.6/2010 on the file of the Family Court, Kottarakkara. The said Original Petition was filed by the respondent for return of gold ornaments and seeking monetary claims. The first petitioner is the husband of the respondent. According to the petitioners, on 29.6.2011, the court below passed an order setting them ex parte and posted the case for petitioner's evidence. It is the case of the petitioners that the third petitioner was hospitalised and the other petitioners were with her and hence they could not appear. The learned counsel appearing before the court below submitted the reasons and prayed for some time, it is stated. But, the court rejected the request and passed an ex parte order and posted the case for evidence. Petitioners filed Ext.P2 affidavit and petition seeking to set aside the ex parte order. By Ext.P3 order, the said application was rejected. Ext.P3 order reads as follows :

“Petitioner absent. Represented. Respondent is ex parte. He filed a petition under Order 9 Rule 7 CPC as IA 2902/11 to set aside the ex parte order passed against him on 29.6.2011. The