listed.
4. Respondents-Defendants filed application to set aside the exparte order in Diary No.31908 of 2011. Common written statement and application to condone ... order of the Master dated 02.12.2011 had become final and the said order cannot be circumvented by filing fresh application for setting aside the exparte
Learned Judicial Magistrate, Valliyoor,
Tirunelveli District, while passing the impugned exparte order in D.V.O.P.No.29
of 2012 dated 21.09.2012 should ... relating
to the application and orders for reliefs and offence of breach of protection
order or interim protections orders shall be governed by the provisions
notice, the learned Rent Controller, by order dated 19.07.2013, ordered for delivery and batta was ordered to be paid on 30.07.2013. Thereafter, at the instance ... ground that the eviction was ordered pursuant to an order passed by contest and not an exparte order. As against the same, the Revision Petition
petition was ordered exparte on 08.11.2012. Subsequently, an application was filed on 19.04.2013 by the petitioners to set aside the exparte order dated 08.11.2012 under ... order dated 08.11.2012 under Order 21 Rule 106 CPC on 19.04.2013, makes it clear that the 1st petitioner was fully aware of the exparte decree
statement and hence the suit was set exparte. Due to non filing of written statement, the exparte order was passed on 02.04.2009 against the petitioner ... admitted fact that the petitioner / 3rd defendant was set exparte and the exparte order was passed on 02.04.2009, but for setting aside the exparte order
However, the original decree holder who remained exparte has filed an application to set aside the exparte order passed against ... also dismissed. The other two applications to set aside the exparte order and to stay the proceedings were dismissed as infructuous.
5. Aggrieved against
notice for posting the hearing and as well as the final exparte order passed in the said appeal only very recently. The notice was served ... petitioner/respondent is situated. That particular notice and the final exparte order was received by the security agency staff of the petitioner/respondent/ assessee
schedule property.”
It is the order allowing E.A.No. 105 of 2017 and the order setting the
respondents exparte ... reads as follows:
"Order 21 Rule 106: Setting aside orders ex parte, etc.
:--(1) The applicant, against whom an order is made under
power given to decide the complaint exparte implies to power the set aside such exparte order or decision. In para-9 of the said judgment ... exparte order dated 06.06.2008 and the said Forum is having power to decide and to pass orders in the set aside exparte application. Therefore
setting aside
of the order or modification of the order, instead has asked the relief of
postponement of the order. However, this Court has construed ... order of maintenace. If notice is ordered within a week and
if it is brought to the notice of the Court that the exparte order
