R. PANDIA PRABHAKAR Vs. P. DURAICHAMY

JUDGEMENT

(1.) CHALLENGE in this civil revision petition is to the judgment and decree dated 9.6.2006 passed in Civil Miscellaneous Appeal No.33 of 2005 by the Principal District Court, Dindigul, wherein the order passed in Interlocutory Application No.358 of 2005 in Original Suit No.334 of 2001 by the Additional Sub -Court, Dindigul is reversed.

(2.) THE respondents herein as petitioners have filed Interlocutory Application No.358 of 2005 in Original Suit No.334 of 2001 under Order IX, Rule 13 of the Code of Civil Procedure, praying to set aside the ex parte decree dated 3.12.2004 passed against them.

(3.) IT has been contended on the side of the respondents/petitioners that the revision petitioner/respondent herein as plaintiff has instituted the Original Suit No.334 of 2001 on the file of the Additional Sub -Court, Dindigul for the relief of specific performance. On the side of the respondents/petitioners, one Advocate by name B.B.M.Salim has been appointed and he has given assurance to look after the Original Suit No.334 of 2001. The respondents/petitioners have received a notice in Execution Petition No.232 of 2005 during August 2005 and immediately, the respondents/petitioners have tried to contract the said Advocate and the door of his house has been locked and after enquiry, the respondents/petitioners have learnt that the said Advocate has shifted his practice to Kodaikanal and after receiving case bundle, the present petition has been filed, so as to set aside the ex parte decree dated 3.12.2004.