MUTHUSAMY Vs. RAMASAMY GOUNDER

JUDGEMENT

(1.) THIS civil revision petition is filed to set aside the order and decretal order dated 15.3.2010 in I.A.No. 306 of 2009 in A.S.No. 175 of 2000 on the file of the Subordinate Court, Namakkal.

(2.) THE revision petitioner is the second plaintiff in the suit. THE suit is filed for declaration and injunction in O.S.No.103 of 1997 before the District Munsif Court, Namakkal and transferred to the District Munsif Court, Rasipuram on 5.2.1994 and renumbered as O.S.No. 181 of 1994. On contest, the suit was decreed on 19.11.1997. Challenging the judgment and decree passed by the trial Court, the respondents/defendants filed A.S.No. 175 of 2000. On 6.10.2003, the first appellant/ first defendant died. THErefore, I.A.No. 463 of 2005 was filed to bring the L.Rs. of the deceased first appellant as appellants in A.S.No. 175 of 2000, which was allowed on 5.4.2006. THEreafter, the appellants filed I.A.No. 181 of 2006 in A.S.No. 175 of 2000 to carry out certain amendments in the appeal grounds. Such application was dismissed for default on 10.8.2007. On the same day, since the appellants did not prosecute the matter, A.S.No. 175 of 2000 was also dismissed for default. THE revision petitioner/ plaintiff filed I.A.No. 625 of 2008 before the trial Court to amend the decree. In that application, it has been clearly mentioned that I.A.No. 181 of 2006 to carryout the amendment in A.S.No. 175 of 2000 and the appeal suit have been dismissed.

(3.) IN this revision, notice of motion was issued on 7.9.2010 and the respondents have been served on 9.10.2010. Thereafter, the matter was listed on 28.9.2010, 11.10.2011, 19.10.2011, 20.10.2011 and 21.10.2011. The registry was asked to verify whether any vakalath has been filed and it was reported that inspite of service, no vakalath has been filed. Therefore, this Court has no other option except to proceed with the matter on merits.