KASI VISWANATHAN Vs. JAYALAKSHMI

JUDGEMENT

(1.) The 8th defendant having aggrieved by the dismissal of C.M.P.No.12486/1992 in A.S.S.R.37889/1992 filed the above appeal.

(2.) One Jayalakshmi, the 1st respondent filed a suit for partition of her 1/4th share in the suit properties. The said suit was filed on 1.9.1981. The appellant/8th defendant purchased item No.7 of the suit properties from defendants 1 to 7 on 2.3.1982, pending suit. Since the 8th defendant though filed written statement remained absent, he was set ex-parte and a decree was passed granting half share in item Nos.1 to 8, in the decree dated 26.12.1986. The said decree for half share was granted, though the suit was filed seeking 1/4th share, on the basis of the death of 1st respondent.

(3.) The 8th defendant filed a petition in I.A.No.43 of 1987 to set aside the ex-parte decree. The same was dismissed on 24.7.1987. An appeal was preferred in C.M.A.191/1987 challenging the order passed in I.A.No.43/1987. The same was dismissed. Aggrieved against the same, a revision was filed in C.R.P.No.703/1992. The learned Judge in the order-dated 19.3.1992 dismissed the revision petition. Though the learned counsel tried to submit that certain liberty was given in the said order to file appeal against the decree in O.S.No.86/1981, we do not find any such observation in the said order.