GOVINDASAMY Vs. DHANDAPANI

JUDGEMENT

(1.) This memorandum of Civil Revision is directed as against the fair and decreetal order dated 22.10.2007 and made in I.A.No.489/2007 in O.S.No.17/1999 on the file of the learned District Munsif cum Judicial Magistrate, Uthangarai.

(2.) It is manifested from the records that the revision petitioner had filed the suit in O.S.No.17/1999 on the file of the learned District Munsif cum Judicial Magistrate, Uthangarai as against the respondents herein and one Angappa Mudaliar who is none other than the brother of 1st respondent, Dhandapani and thereby sought the relief of declaration of his title to the suit property and also for permanent injunction.

(3.) It is pertinent to note that the suit was filed in the year 1999. The respondents herein had not chosen to appear in the suit despite service of summons and they had also not filed their respective written statements and on account of this reason, the suit was decreed ex parte on 30.10.2000. Then, it is also revealed that the first defendant had passed away after the decree was passed. Thereafter, the respondents 1 to 3 herein had filed an application in I.A.No.489/2007 to condone the delay of 1697 days in filing an application to set aside the decree and this petition was also resisted by the revision petitioner by filing his counter. However, the learned trial Judge has proceeded to allow the application on the ground that an opportunity might be given to the defendants to contest the suit. Challenging the order of the learned Trial Judge dated 22.10.2007, the revision petitioner being plaintiff stands before this court with this revision.