SIVASANKARAN Vs. THANKAYYAN

JUDGEMENT

(1.) THE Civil Revision Petitioner/appellant/plaintiff has filed the present Civil Revision Petition as against the judgment and decree dated 15.06.2001 in C.M.A.No.45 of 1995 passed by the learned Sub Judge, Kuzhithrai, in confirming the order dated 21.08.1995 in I.A.No.408 of 1995 in O.S.No.1464 of 1969 passed by the learned Additional District Munsif, Kuzhithurai.

(2.) THE first appellate Court while passing the judgment in C.M.A.No.45 of 1995 dated 15.06.2001, has among other things, observed that '... the petitioner has been given 32 adjournments i.e. for more than two years and no bona fide on his part is clearly established, etc.' and dismissed the appeal with costs, thereby confirming the order passed by the trial Court in I.A.No.408 of 1995 in O.S.No.1464 of 1969.

(3.) ALSO, a plea is raised on behalf of the revision petitioner/appellant/plaintiff that the main suit is of the year 1969 and it has been remanded to the trial Court and thereafter only, the main suit in O.S.No.1464 of 1969 has been posted for arguments, but these material aspects of the matter have not been adverted to by the Courts below in a real and proper perspective which has resulted in an erroneous order being passed against the revision petitioner/appellant/plaintiff.