- (1.) THIS memorandum of civil revision is directed against the fair and decretal Order dated 13.01.2005 and made in I.A.No.849 of 2004 in O.S.No.1183 of 2004, on the file of the learned Principal District Munsif Court, Namakkal, setting aside the preliminary exparte decree dated 11.11.1998.
(2.) THE revision petitioner herein is the plaintiff in the suit in O.S.No.1183 of 2004, whereas the respondent is the defendant. It is manifested from the records that the revision petitioner has filed the suit in O.S.No.1183 of 2004 against the respondent herein on the file of the learned Principal District Munsif, Namakkal, seeking the relief of partition in respect of his half share in the schedule mentioned property. In that suit, a preliminary ex parte decree was passed on 11.11.1998 and thereafter in pursuant to the preliminary decree, the revision petitioner/plaintiff appears to have filed a final decree application in I.A.No.502 of 2001. Only under this circumstance, the respondent herein happened to file an interlocutory application in I.A.No.849 of 2004, under Order IX Rule 13 of the Code of Civil Procedure, to set aside the preliminary ex parte decree dated 11.11.1998.
(3.) THAT interlocutory application in I.A.No.849 of 2004 was allowed on 13.01.2005 and in consequent thereof the preliminary ex parte decree was set aside.;