A.SELVAN Vs. R.CHANDRASEKARAN

JUDGEMENT

(1.) THIS Civil Revision petition is focussed to get set aside the order passed in I.A.No.363 of 2009 in I.A.No.848 of 2007 in O.S.No.118 of 2004 on the file of the Principal District Munsif Court, Valliyoor dated 16.03.2011.

(2.) HEARD the learned Counsel for the petitioner, who placing reliance on the averments made in the affidavit accompanying the application in I.A.No.363 of 2009 would develop his arguments which could tersely and briefly be set out thus. The revision petitioner happened to be the seventh defendant in the suit. A Preliminary decree for partition, was passed. Subsequently, I.A.No.848 of 2007 was filed for final decree by the plaintiff concerned. However, the seventh defendant did not file any counter affidavit, whereupon, he was set out ex-parte and an Advocate Commissioner was appointed. Subsequently, I.A.No.363 of 2009 was filed by the petitioner herein for getting the ex-parte order in appointing the Advocate Commissioner, set aside and that petition, was dismissed.

(3.) THE learned Counsel for the petitioner would submit that in the interest of audi alterm partem, an opportunity may be given to file counter affidavit and contest the I.A.No.848 of 2007.