petitioner has not come forward to cross examine PW 1. Hence, on 23.08.2016, exparte decree has been passed. In the meantime, through his son, the petitioner has filed an application in I.A.No.1221 of 2016, under Order 1 Rule 10 and the same was dismissed on 19.06.2017. Even after allowing the petition filed for setting aside the exparte decree once again, the petitioner has not come forward to complete the cross examination of PW 1. Hence, again the case was put into the stage of exparte and thereafter on 11.08.2018, the petitioner has filed an application under Order 9 Rule 7 and the same was allowed on payment of costs of Rs.10,000/-. Thereafter, after closing the plaintiffs' side evidence, the petitioner has been examined himself as DW 1 and the case was posted for the cross examination of DW 1. Only in the said circumstances, he has filed Transfer Original petition before the Principal District Court, Tiruppur. In the meantime, before the Subordinate Court, Udumalpet, the respondents have filed an application under Section 10 of Civil Procedure code to stay the proceedings and on 27.02.2019, the same was ordered infavour of the respondents. According to the respondents, the petitioner had attempted to protract the proceedings by way of filing such applications.
