O R D E R

The plaintiff in O.S.No.4 of 2023 on the file of the District Munsif Court, Uthamapalayam, has filed the present Civil Revision Petition challenging the allowing of an application filed under Order 9 Rule 7 of C.P.C.

2. A perusal of the records reveal that when the suit was posted for cross examination of P.W.1 on two occasions, the defendants have not cross examined P.W.1 and therefore, they were set ex parte. Within time, an application was filed under Order 9 Rule 7 of C.P.C., to set aside the ex parte order. This application was allowed on payment of a cost of Rs.2,000/- (Rupees Two Thousand only). Cost has been paid as directed by the Court. Challenging the said order, the present Civil Revision Petition has been filed.

3. According to the learned counsel appearing for the revision petitioner, the trial Court has already held that P.W.1 can be cross examined, in view of the fact that the application filed under Order 9 Rule 7 of C.P.C., was allowed and in case, if the application under Order 9 Rule 7 of C.P.C., was not allowed, P.W.1 cannot be recalled.

4. Per contra, the learned counsel appearing for the respondents herein had contended that the defendants were set ex p