Madras High Court
V.R. Jagannatha Mudaliar vs Vathyar Appasawmy Mudaliar on 5 February, 1914
Equivalent citations: 24IND. CAS.782
JUDGMENT Sadasiva Aiyar, J.
1. I do not wish to express any opinion upon the legality or propriety of the District Munsif's order setting aside the ex parte decree [see, however, Venkatarama Aiyar v. Nataraja Aiyar 18 Ind. Cas. 360 : 24 M.L.J. 235 : 13 M.L.T. 140 : (1913) M.W.N. 165.].
2. I think that as the petitioner could object to the order of the Munsif in appeal in the regular course to the District Court, if the suit was decided against him at the re-hearing, this is not a fit case to interfere under Section 315 of the Civil Procedure Code : Devata Sri Ramamurthi v. Venkata Sitarama chandra Row 22 Ind. Cas. 279 : (1914) M.W.N. 95.
3. I dismiss the petition but without costs.