SUKUMARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) REVISION petitioners are defendants land 5 in O. S. 329 of 1986 of the Principal Sub Court, paravur. The first respondent (plaintiff) filed the suit for realisation of money. As the advocates appearing for the defendants withdraw their contentions by endorsing to that effect on the written statements, the suit was decreed in terms of the plaint.

(2.) CONTENTION of the revision petitioners is that they did not authorise their advocates to make any endorsement on the written statement to withdraw their contentions and so the endorsement is not binding on them. They filed I. A1934 of 1989 to review the judgment and decree on the ground that their advocates unauthorisedly withdrew their contentions in the suit and so it has no legal validity. The Sub judge rejected the petition holding that there is nothing on record to show that the advocates withdrew the contentions without instructions from the revision petitioners.

(3.) THE Sub Judge shall consider afresh whether the review petition is filed within time or not after hearing both sides. THE C. R. P. is allowed. No costs. . .