LAWS(MAD)-2012-12-36

SUBRAMANIAN Vs. LIYAGATH ALI

Decided On December 05, 2012
SUBRAMANIAN Appellant
V/S
Liyagath Ali Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to get set aside the fair and decreetal order dated 16.06.2012 passed in I.A.No.545 of 2011 in O.S.No.15 of 2001 by the learned District Munsif, Pudukkottai, Pudukkottai District.

(2.) HEARD both sides.

(3.) THE learned Counsel for the revision petitioner/defendant inviting the attention of this Court to the grounds of revision as well as the records concerned, would pyramid his arguments which could tersely and briefly be set out thus: Unwittingly and ignorantly, the document of the defendant could not be produced to the Advocate Commissioner even though the Advocate Commissioner gave an opportunity to do so. There was a communication gap between the defendant and his Advocate which alone resulted in this impasse. Unless the suit property is measured with reference to the document of the defendant, the truth will not come out. The delay occasioned once again in filing the application in I.A.No.545 of 2011 because of the very same communication gap between the defendant and his Advocate. If no opportunity is given to the defendant, perpetually his right would get eroded.