MANISH B. SHAH Vs. ARULMIGU KACHALESWRAR DEVASTHANAM

JUDGEMENT

(1.) THE revision petitioner / defendant preferred this revision petition against the judgment and decree passed in CMA No.172 of 2001 in which confirmed the order passed by the V Assistant Judge, City Civil Court, Chennai in I.A.No.15723 of 2000 in O.S.No.2291 of 1991.

(2.) FOR the sake of convenience the defendant in the original suit is referred as revision petitioner and the plaintiff in the Original Suit is referred as respondent hereafter.

(3.) THE revision petitioner who is the defendant in Original Suit filed an application in I.A.No.15723 of 2000 on 15.09.1998 under Order 9 Rule 13 of CPC to set aside the ex parte decree. After perusal of the affidavit filed by the revision petitioner herein, the trial Court has dismissed the application on 27.08.2001. Aggrieved by the above said dismissal order passed by the trial Court, the revision petitioner preferred Civil Miscellaneous Appeal in C.M.A.No.172 of 2001, the appellate Court has confirmed the order passed by the trial Court and dismissed the Civil Miscellaneous Appeal.