1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION (PD)(MD)No.2389 of 2011 and MISCELLANEOUS PETITION (MD)No.1 of 2011 P.Wahida Banu .. Petitioner/10th Defendant Vs. E.S.Pappathi @ Sirajunnisa Beevi ..Respondent/Respondent/Plaintiff Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 08.08.2011 passed in Interlocutory Application No.322 of 2011 in Original Suit No.45 of 2004 by the Additional District Court/Fast Track Court, Thanjavur. For Petitioner : Mr.M.Saravanan ORDER This Civil Revision Petition has been directed against the order dated 08.08.2011 passed in Interlocutory Application No.322 of 2011 in Original Suit No.45 of 2004 by the Additional District Court/Fast Track Court, Thanjavur. 2. The respondent herein as plaintiff has instituted Original Suit No.45 of 2004 on the file of the Court below for the reliefs of partition and separate possession, wherein the present revision petitioner has been arrayed as tenth defendant. The tenth defendant has been set ex-parte and in order to set aside the ex-parte order, the present petition has been filed in Interlocutory Application No.322 of 2011 under Order IX, Rule 7 of the Code of Civil Procedure, 1908. The Court below has dismissed the same simply on the ground that already a specific direction has been given by the High Court so as to dispose of the suit within the period mentioned therein and further along with the present petition, written statement has not been filed. 3. It is seen from the records that in Original Suit No.45 of 2004, ex-parte order has been passed against the present revision petitioner/tenth defendant. The present petition has been filed only for the purpose of setting aside the ex-parte order. Along with the present petition, a detailed written statement has been filed. The Court below even without seeing the records properly has erroneously dismissed the present petition. Therefore the dismissal order passed by the Court below is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In fine, this Civil Revision Petition is allowed without costs and the order passed in Interlocutory Application No.322 of 2011 in Original Suit No.45 of 2004 by the Additional District Court/Fast Track Court, Thanjavur is set aside and the petition filed in Interlocutory Application No.322 of 2011 in Original Suit No.45 of 2004 is allowed without costs. Consequently, connected Miscellaneous Petition is closed. Sd/- ASSISTANT REGISTRAR(A.S) /TRUE COPY/ SUB ASSISTANT REGISTRAR. smn To The Additional District Judge/ Fast Track Court, Thanjavur. SB 19/01/2012 2P 2C C.R.P(PD)(MD)No.2389 of 2011 and M.P(MD)No.1 of 2011 21.12.2011 https://hcservices.ecourts.gov.in/hcservices/