SABU SAHEB Vs. USEENBEE

JUDGEMENT

(1.) The Civil Revision petition has been filed against the order passed in O.S.No.205 of 1999, by the learned District Munsif cum Judicial Magistrate, Denkanikottai, dated 08.04.2004.

(2.) The respondent herein is the plaintiff in the suit O.S.No.205 of 1999.

(3.) The revision petitioner has filed a suit in O.S.No.205 of 1999, for partition and preliminary decree was ordered based upon the evidence of PW1. As against that, the petitioners herein have filed an I.A to set aside the ex-parte decree and the same was returned on saying that it is "after full trial" disposal and hence, the petitioners have preferred this revision contending that the Trial Court has committed an error in treating the suit under Order IX Rule XVII when the plaintiff was not even subjected to cross examination.