LAWS(MAD)-2011-11-104

S PARVATHAVARTHINI Vs. K UTHIRAM PILLAI

Decided On November 16, 2011
S. PARVATHAVARTHINI Appellant
V/S
K. UTHIRAM PILLAI Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order, dated 9.7.2009, made in I.A.No.5 of 2007, in R.C.O.P.No.8 of 2000, on the file of the District Munsif Court, Palani.

(2.) THE petitioners in the present Civil Revision Petition are the respondents, in R.C.O.P.No.8 of 2000. R.C.O.P.No.8 of 2000 had been filed by the respondent herein for the eviction of the petitioner on the ground of willful default.

(3.) THE learned counsel appearing on behalf of the petitioners had submitted that the District Munsif Court, Palani, ought to have allowed the interlocutory application filed by the petitioners, in I.A.No.5 of 2007, by sending for the documents, marked as Exhibits P-1 to P-142, in O.S.No.258 of 1999, pending on the file of the said Court. Instead the trial Court had dismissed the interlocutory application filed by the petitioners, without understanding the scope and ambit of Rule 76 of the Civil Rules of Practice. THE District Munsif Court, Palani, ought to have allowed the interlocutory application filed by the petitioners in order to avoid unnecessary delay in the proceedings, in R.C.O.P.No.8 of 2000.