N. Janakiraman vs The Director of State Lotteries

Ratanam, J.—The summary manner in which the court below had proceeded to reject S.R. No. 1129 dated 13.8.1990 in O.S. No. 209 of 1982 is not only incorrect but also irregular. By reason of the order passed by this Court in C.R.P. No. 1575 of 1988, the first defendant in the suit had to be set ex parte and in that sense, there is no lis between the petitioner and the first defendant. Under the provisions of Order 8, Rule 10 and Order 15, Rule 2, C.P.C., in a case where there are more defendants than one and there is no issue of fact or law arising between the plaintiff and one of such defendants, as in this case, when the first defendant had been set ex parte, it would be a matter for the court to consider whether on the facts and circumstances of the case, it could exercise its powers Under Order 15, Rule 2, C.P.C. and pass a decree ex pane against such defendant immediately. Unfortunately, the Court below has not borne in mind the scope of the aforesaid provisions and has proceeded to reject the application in limine adverting to considerations which are not relevant. The civil revision petition is, therefore, allowed and its order on S.R. No. 1129, dt. 13.8.1990 in O.S. No. 209 of 1982, Second Additional Sub-Court, Tiruchirapalli, is set aside and the court below is directed to entertain that application and pass orders according to law within eight weeks from this date. There will be no order as to costs.