C.VENKATESAN Vs. R.NATARAJAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against an order made in I.A.No.1369 of 2010 in I.A.No. 471 of 2009 in O.S.No.249 of 2003 on the file of the Principal District Munsif Court, Vellore, wherein and whereby the application filed by the respondent herein under Section 151 CPC praying for deciding the preliminary issue of maintainability of I.A.No. 471 of 2009 was allowed. The said I.A.No. 471 of 2009 was filed by the petitioner herein under Section 5 of the Limitation Act for condoning the delay of 1796 days in filing application under Order 9 Rule 13 of CPC to set aside the exparte decree passed against one V.M.Narayanamurthy and Kupendiran Naidu, who were the defendants in O.S.No. 249 of 2003.

(2.) The short facts that are necessary for consideration of this Court in this Civil Revision Petition are as follows:-

(3.) A counter affidavit was filed in the said application by the respondent herein contending that the petitioner herein has no right or locus standi to file the petition. It is also specifically denied by the respondent herein that the petitioner did not purchase the suit property from the first defendant and no possession was handed over to the petitioner as contended by him. It is the further contention of the respondent that he alone is in possession and enjoyment of the suit property for several years by having right and interest over the same. After filing the said counter, the respondent herein also filed I.A.No. 1367 of 2010 seeking for deciding the preliminary issue of maintainability of I.A.No. 471 of 2009 by contending that the petitioner herein being not a party to the suit, cannot file I.A.No. 471 of 2009 and as such it is not maintainable. Therefore, the respondent herein prayed for deciding the preliminary issue of maintainability first. The petitioner herein filed a counter in the said I.A.No. 1367 of 2010 and contested the same.