Under challenge is the order dated 13.06.2013 in I.A.No. 4185 of 2012 in O.S.No. 487 of 2010 by which the lower court set aside the exparte decree passed against the defendant and restored the suit to file.
2. The objection taken by the learned counsel for the petitioner is that the petition has been filed by the counsel and not by the parties concerned and that is not acceptable in law. It is pointed out by the learned counsel that it was the party who was liable to file the petition and petition by the counsel may not be entertainable.
3. After having given anxious consideration to various aspects, it is felt that there is some substance in the above contention.
In the result, this C.R.P. is allowed. The impugned order is set aside reserving liberty of the first defendant to file a
C.R.P. No. 462 of 2013
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proper petition to have the exparte decree set aside. It is also brought to the notice of this Court that the second defendant had already filed an application and that has been allowed. This order will not influence the said order.
ds //True Copy// P.A. To Judge Sd/-
P.BHAVADASAN JUDGE