Heard the learned counsel for the revision petitioner. There is no representation either for the respondent or for her counsel inspite of service of notice.
2.This Civil Revision Petition has been directed against the order passed in I.A.No.557 of 2008, petition filed under Order 9 Rule 7 of CPC to set aside the exparte order in O.S.No.356 of 2004 on the file of the learned District Munsif, Thirupathur, which was dismissed for non-filing of the written statement.
A.C.ARUMUGAPERUMAL ADITYAN, J.
3.The Revision Petitioner has filed the above said I.A.No.557 of 2008 to set aside the exparte order along with the written statement. Insptie of it, the learned trial Judge has dismissed the application. Under such circumstance, I am of the view that the application being one for setting aside the exparte order only necessarily an opportunity must be given to the petitioner.
4.In fine, this Civil Revision Petition is allowed and the order passed by the learned District Munsif, Tirupattur, in I.A.No.557 of 2008 in O.S.No.356 of 2004 is set aside and the learned trial Judge is directed to receive the written statement filed alongwith I.A.No.557 of 2008 and thereafter to frame issues and dispose of the suit in accordance with law within three months from the date of receipt of copy of this order. Connected Miscellaneous Petition is closed. No costs. 19.01.2009 Index :Yes/No Web :Yes/No ssv NOTE:- Issue order copy today (19.01.2009).
Fax the order to the trial Court today, through concerned PDJ To, The District Munsif, Tirupattur C.R.P.(NPD).No.4124 of 2008 and M.P.No.1 of 2008