G. CHITTI BABU Vs. S. SUNDARAMURTHY

JUDGEMENT

(1.) The sole defendant in O.S. No. 74 of 1997 on the file of the learned Additional Subordinate Judge, Mayiladuthurai has come forward with this revision petition.

(2.) The respondents/plaintiffs herein have filed the suit in O.S. No. 74 of 1997 praying to direct the defendant/revision petitioner herein to pay a sum of Rs.2,00,000/- towards damages for the death of the wife of the first plaintiff due to a wall collapse. Before filing the suit, the plaintiffs/respondents herein have filed I.A. No. 34 of 1997 to permit them to file the suit as informa pauperis. The said application was allowed and the suit was taken on file. After contest, the suit was decreed directing the defendant/revision petitioner herein to pay a sum of Rs.50,000/- to the first plaintiff towards damages and also directed the defendant/revision petitioner to pay the court fee for the entire suit claim namely Rs.2,00,000/-. Aggrieved by the same, the defendant/revision petitioner herein has filed I.A. No. 295 of 1998 in O.S. No. 74 of 1997 under Order 41 Rule 1 and Section 114 of CPC praying to review the decree passed in the suit on the ground that the defendant/revision petitioner ought not to have been directed to pay the court fee for the entire suit claim and if at all, the defendant/revision petitioner shall be directed to pay the court fee to the extent to which the suit was decreed. The trial court, by the order dated 06.07.2000 refused to review the decree passed in the suit on the ground that there is no error apparent on the face of the record and dismissed the I.A. No. 295 of 1998. It is this order which is challenged in this Civil Revision Petition.

(3.) Pending this revision petition, the first respondent died and his legal heirs, who are respondents 2 to 10, were recorded as legal heirs of the deceased first respondent.