BRINDHA Vs. NALLAMMAL

JUDGEMENT

(1.) The Fair and Decreetal order dated 14.08.2018 in I.A.No.22 of 2018 in O.S.No.141 of 2014 on the file of the Sessions (Fast Track Mahila) Court, Namakkal, is under challenge in the present Civil Miscellaneous Appeal.

(2.) The appellants are the plaintiff, who instituted a suit for Partition and Separate possession. The learned counsel for the appellants/petitioners states that on account of certain personal reason, the plaintiffs were unable to appear on the hearing date and the suit was dismissed for default on 12.07.2017. The petition to set aside the decree of dismissal for default was filed on 02.8.2017. The said Interlocutory Application was filed under Order 9 Rule 9 and Section 151 of C.P.C., was dismissed. Thus, the appellants are constrained to move the present appeal.

(3.) The Trial court has made a finding that the plaintiffs were not ready for trial. The defendant side strongly raised an objection that the plaintiffs were not ready to conduct trial and therefore, the suit should not be restored. The trial Court arrived a conclusion that the plaintiffs were not willing to proceed with the case and had an intention to drag the proceedings, on that basis, the application was dismissed.