SARASWATHI AMMA Vs. SANKARA PILLAI

JUDGEMENT

(1.) Plaintiffs in O. S.454/94 on the file of the Munsiff's Court, Karunagappally, being aggrieved by the order in I. A. 2752/1995 arising out of the said suit have preferred this revision petition.

(2.) Plaintiffs filed the suit for declaration of title and confirmation of possession in respect of the suit property on the basis of a will executed by one Krishnan Pillai on 23.3.1989. Krishna Pillai died on 3.4.1994. Defendants 1 and 2 are the brothers of Krishna Pillai. They contested the claim of the plaintiffs and contended that the will was not duly executed. The case was posted for hearing on 17.10.1995. On that day, the first plaintiff was examined and cross examined. Exts. A1 to A6 were marked. It was adjourned to 19.10.1995. On that day, counsel for the plaintiffs-petitioners could not attend the court for some personal reasons and he was also not available at the station. Hence the plaintiffs prayed for an adjournment. That petition was rejected. In the absence of their counsel, no evidence could be adduced by them. Hence the evidence of the plaintiff was closed. On that day, DW 1 was examined in chief. It was adjourned to 20.10.1995 for further hearing. A petition was filed by the plaintiffs on 20.10.1995 to recall the order closing the plaintiffs' evidence and allow the plaintiffs to examine some more witnesses and to prove certain material documents in the case. By the impugned order, the learned Munsiff rejected that petition.

(3.) Notice was issued to the respondents in this case. Due service was effected on them: But, they did not appear in this proceeding.