SYED MOINUDDIN Vs. LAKSHMAMMA AND OTHERS

JUDGEMENT

(1.) This civil revision petition is filed under Section 115 CPC challenging the Order dated 05.03.2012 passed by the Court below, thereby allowing Miscellaneous No.51/2009 and setting aside the exparte judgment and decree passed in O.S.No.330/1989. The suit O.S.No.330/1989 has been ordered to be restored to file to provide an opportunity to respondent No.1 herein who was defendant No.16(a) in the suit and petitioner in the miscellaneous petition.

(2.) O.S.No.330/1989 was filed by the father of the petitioner herein late Syed Umar seeking relief of partition and separate possession of two items of properties i.e., Sy.No.11/1 measuring 5 acres 24 guntas and Sy.No.299 measuring 6 acres 5 guntas both situated at Kesare Village, Mysore Taluk. Mother of respondent No.1 herein was arrayed as defendant No.16 in the said suit. She adopted the written statement filed by other defendants and had contended that an extent of 2 acres 11 guntas of land had been purchased by her in Sy.No.299.

(3.) When the suit was under trial, defendant No.16 died, plaintiff filed an application seeking to bring her legal representatives on record. Respondent No.1 herein Smt.Lakshmamma was one of the legal representatives along with her two brothers. Notice issued to respondent No.1 herein on the application filed to bring her on record was returned with a shara that notices could not be served as full address was not furnished. Thereafter, on an application filed under Order V Rule 20 CPC, plaintiff was permitted to take out notice by way of sub-service by beat of tom-tom fixing the date of appearance. Based on the service of notice by beat of tom-tom, when respondent No.1 herein Lakshmamma did not appear, the Trial Court placed Lakshmamma and her two brothers exparte and proceeded to hear and dispose of the suit.