THIRUVALLESWARAR NAGAR NALA KAZHAGAM Vs. S SELVAKUMAR

JUDGEMENT

(1.) HEARD both the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents.

(2.) CHALLENGING the judgment and decree, dated 12.2.2008 made in O.S. No. 414 of 2007 on the file of the District Munsif-cum- Judicial Magistrate, Ambattur, this Civil Revision has been preferred under Article 227 of the Constitution of India.

(3.) LEARNED counsel appearing for the revision petitioner submitted that the members of the revision petitioner, Thiruvalleewarar Nagar Nala Kazhagam, Thirumangalam are using the suit property for several years by conducting ceremonies and obsequies of their relatives death and there is a clear averments in the plaint with regard to the user of the property by several persons, however, without impleading the members of the petitioner sangam, a collusive suit was filed by the first respondent and an ex parte decree was obtained by the first respondent. Being third party, the petitioner could not file a petition under Order 9 Rule 13 C.P.C before the Court below to set aside the ex parte decree, hence, preferred this Civil Revision under Article 227 of the Constitution of India, to prevent the abuse of process of law and the Court by the respondents.