(1.) Mr.Vigneshwar Elango, learned counsel representing the counsel on record for sole plaintiff is before this Court. There are five defendants. The case file placed before this Court brings to light that all the five defendants have been duly served with suit summons. They have entered appearance through a common counsel and have filed a common written statement dated 12.02.2011. Therefore, pleadings were completed. Post completion of pleadings, this Court on 31.03.2011 framed eight issues.
(2.) Thereafter, the suit was placed before learned Additional Master III for recording evidence. Sole plaintiff was examined as PW1 and he was extensively cross-examined by the counsel for defendants. Thereafter, defendants did not let-in any oral evidence or no document were marked on defendants' side. To be noted, no documents have been filed along with the written statement dated 12.02.2011.
(3.) In the aforesaid backdrop, as the defendants did not come forward to let-in evidence, this suit was directed to be posted before Court by learned Additional Master III vide order dated 26.08.2013. When the matter was listed for arguments, learned counsel on record for defendants submitted that he has no instructions from any of the five defendants. Learned counsel filed a memo dated 11.12.2019 to that effect. In this regard, proceedings of this Court dated 20.01.2020 and 28.01.2020 are of relevance and the same read as follows: