E RAMU Vs. E KRISHNAN

JUDGEMENT

(1.) The Petitioners/Respondents 1 to 3/Plaintiffs have projected this Civil Revision Petition as against the order dated 21.04.2008 in I.A. No. 535 of 2007 in O.S. No. 275 of 1990 passed by the learned Principal Sub Judge, Salem in allowing the application filed by the 1st respondent/petitioner/4th plaintiff under Order 26 Rule 13 read with Order 23 Rule 3 and Section 151 of Civil Procedure Code praying to set aside the Compromise Decree passed in I.A. No. 1519 of 1991 dated 17.12.1991 and consequently, to pass a fresh decree.

(2.) The trial court while passing orders in I.A. No. 535 of 2007 dated 21.04.2008 has inter alia opined that 'on the date when the learned Judge who has delivered the judgment, has been in service and on that date, the learned Judge who has been on leave has signed in the said judgment, which cannot be accepted and therefore, the judgement delivered in I.A. No. 1519 of 1991 in O.S. No. 275 of 1990 dated 17.12.1991 is not to be accepted' and resultantly, set aside the final decree passed in I.A. No. 1519 of 1991 dated 17.12.1991 based on the compromise application and allowed the I.A. No. 535 of 2007 without costs.

(3.) The learned Counsel for the Revision Petitioners/Respondents 1 to 3/ Plaintiffs submits that the impugned order dated 21.04.2008 in I.A. No. 535 of 2007 in I.A. No. 1519 of 1991 in O.S. No. 275 of 1990 passed by the learned Principal Sub Judge, Salem in setting aside the Compromise Decree passed on 17.12.1991 is contrary to law and amounts to an improper exercise of jurisdiction resulting in miscarriage of justice and more over the trial court has set aside the Compromise Decree in an interlocutory application and that too after nearly 17 years and as a matter of fact, the 1st respondent/ 4th plaintiff is a practising Advocate at the time of Compromise Decree and in short, the whole approach of the trial court is a perverse one and added further, the 1st respondent/4th plaintiff has filed a suit for the same relief and has withdrawn the same without getting leave or liberty to file the present application.