E SOMASEKARAN Vs. KANCHANA

JUDGEMENT

(1.) The petitioners are the plaintiffs in the suit O.S.No.798 of 1989 on the file of the Additional District Munsif's Court, Vellore. The petitioners/plaintiffs filed the suit for permanent injunction against the defendants therein for restraining them from interfering with the plaintiffs' possession and enjoyment of the suit property, which consists of a house and vacant site. The suit was filed against two defendants. Subsequently, one Kanchana purchased the property lis pendens in 1992 and an application was filed to implead her as defendant in the suit. The trial Court impleaded her as third defendant. Of course, the plaintiffs did not challenge such impleadment.

(2.) Now at the stage, when the plaintiffs' evidence was closed and when the Advocate Commissioner has already been examined, the third defendant failed to appear in Court to give evidence, and therefore, her side was closed. She filed I.A.No.740 of 1999 to reopen the case.

(3.) The third defendant, subsequent purchaser, also filed I.A.No.799 of 2000 to re-issue the warrant on the Advocate Commissioner to once again visit the suit property and file a report on the ground that when the Commissioner visited the suit property on earlier occasion, she was not a party to the suit.