4.In view of the above, the order passed in I.A.No.327 of 2010, dismissing the suit as against the second defendant was set aside and the petitioner's status was restored as a party defendant in the suit. After restoration of the litigative status of the second defendant, the second defendant has not filed any written statement, inspite of due opportunities were given, hence, the petitioner was set ex-parte on 01.03.2011 and subsequently, petitioner has filed the above said I.A.No.273 of 2011 under Order IX and Rule 7 and Section 151 of CPC., to set aside the ex-parte order dated 01.03.2011 but the same was dismissed on an erroneous consideration without even looking into the order passed in I.A. No. 327 of 2010 and hence, the review application has been correctly filed by the petitioner. Such error is an apparent on the face of the records in I.A.No.327 of 2010, hence, subsequently, the petitioner filed the I.A.No.594 of 2011. Thus, this Court is of the considered view that the order passed in I.A.No.273 of 2011 is to be set aside and the Court below is directed to take the written statement of the petitioner herein/second defendant on file and frame necessary issues and to dispose of the same as expeditiously as possible. Accordingly, the Civil Revision Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.
