RAVICHANDRAN Vs. PARAMASIVAM

JUDGEMENT

(1.) This Revision is preferred against the order of the learned Additional District Judge (Fast Track Court), Ariyalur, dated 27.02.2012 made in I.A. No. 51 of 2011 in A.S. No. 173 of 2008 on the file of the above said Appellate Judge. One Elanchezhiyan filed the Suit O.S. No. 11 of 2004 on the file of the District Munsif, Ariyalur, against the respondent herein for declaration that the suit property belonged to him and for recovery of possession after removal of the construction allegedly made by the respondents herein encroaching upon the suit property. The learned trial Judge, after trial, dismissed the suit by judgment and decree dated 30.06.2005.

(2.) As against the decree dismissing the suit, the plaintiff, namely Elanchezhiyan, preferred an Appeal in A.S. No. 173 of 2008 on the file of the Additional District Judge (Fast Track Court), Ariyalur. During the pendency of the Appeal, Elanchezhiyan died and his legal representatives, who are the revision petitioners herein, got impleaded as appellants 2 to 6. During the pendency of the Appeal, they filed an application in I.A. No. 51 of 2011 under Order 41 Rule 27 CPC seeking permission to lead additional evidence. The learned lower Appellate Judge, after hearing, dismissed the application by an order dated 27.02.2012 and aggrieved by the same, the revision petitioners, who are the appellants 2 to 6 in the above said appeal, have knocked at the doors of this Court for redressal by preferring the present revision.

(3.) Notice before admission was given to the respondent and the respondent is also represented by Counsel. The arguments advanced on both sides are heard. The materials produced in the form of typed set of papers are also perused.