KEMPAMMA Vs. MUNIAPPA

JUDGEMENT

(1.) The Fair and Decreetal order dated 21.12.2011 passed in I.A.No.189/2011 in O.S.No.47 of 2010 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The plaintiffs are the appellants in the present appeal. The suit was instituted for Partition. The suit was dismissed for default on 04.08.2011 due to the non-appearance of the counsel for the plaintiff on that day. The appellants filed an Interlocutory Application to set aside the exparte dismissal order dated 04.08.2011 and for restitution of the suit. The said Interlocutory Application was dismissed by the trial Court.

(3.) The findings of the trial Court reveals that the learned counsel for the plaintiff wantonly had not appeared before the Court. Therefore, the suit was dismissed for default and consequently, the application for restoration stands dismissed.