SURUTTAIYAN Vs. DISTRICT COLLECTOR, COLLECTOR OFFICE, DHARMAPURI

JUDGEMENT

(1.) The civil revision petition is filed against the fair and decreetal order passed in REA No.46 of 2021 in REA No.26 of 2021 in REP No.04 of 2014 in O.S.No.351 of 2000 dtd. 11/11/2022 on the file of the Principal District Munsif Court, Arur.

(2.) The petitioners are the decree holders and the suit was decreed granting permanent injunction. The REA No.46 of 2021 was filed by the respondents to set aside the exparte order passed in REA.No.26 of 2021. The respondents are the District Collector, District Revenue Officer, Revenue Divisional Officer, Tahsildar and Revenue Inspector. The REA No.46 of 2021 to set aside the exparte order dtd. 29/9/2021 was passed against the respondents herein. The respondents have stated that they have deputed to special duty on 29/9/2021 and therefore, they were not in a position to attend the Court on that particular day.

(3.) The Trial Court adjudicated the issues and formed an opinion that mere contention of the revision petitioners that there is no possibility of succeeding in the petition by the respondent is not a ground to afford an opportunity to the respondents to contest the case. That apart, the petition to set aside the exparte order was passed within the time limit and thus, the Trial Court provided an opportunity to the parties to contest the case.