The application put in by the second defendant to set aside the ex-parte decree stands dismissed by the courts below. The second defendant contended that he was prevented by sufficient cause from appearing on the date the suit was listed. The marriage of the daughter of the second defendant was scheduled to take place on 20.3.2011. But the suit was called for hearing on 16.3.2011 and an ex-parte decree passed. 2. It should be noted that the suit was once adjourned at the request of the second defendant when it was listed. Thereafter the suit was decreed ex- parte and the ex-parte decree was set aside. This is the second time that an ex-parte decree is being passed by the court below. I am inclined to afford an opportunity to the second defendant to contest the suit on merits.
3. The ex-parte decree as against the second defendant in the suit would stand set aside. This is subject to the condition that the second defendant/petitioner pays a sum of ` 10,000/- as costs.
C.R.P.No.298/2014 2 The cost shall be paid to the counsel for the first respondent within a period of one month. The order impugned would remain intact if the costs as ordered is not paid to the counsel appearing in this Court.
The Civil Revision Petition is allowed.
nj.
Sd/- V.CHITAMBARESH, Judge.
Certified that the petitioner has paid an amount of ` 10,000/- (Rupees Ten Thousand only) as per final order dated 06/06/2014, as costs to the counsel for the first respondent, within the stipulated time, vide order dated 20/01/2015 in C.R.P.298/2014.
Sd/- Registrar (Judicial)