THANGAPPAN Vs. SREEKUMAR

JUDGEMENT

(1.) This revision petition is filed by the petitioners questioning the judgment and decree dated 27.11.1995 passed in C.M.A.No.38 of 1995 by the Subordinate Judge, Kuzhithurai.

(2.) Heard the counsel for both sides.

(3.) The revision petitioners are the defendants 4 to 7 in O.S.No.122 of 1979 disposed of by the trial Court on 28.6.1990. Though the petitioners/defendants 4 to 7 remained exparte after filing their written statement, the judgment and decree were passed on merits after hearing the defendants 2 and 3 who participated in the proceedings. Hence, the petition filed by the revision petitioners on 26.11.1990 to set aside the exparte decree in I.A.No.141 of 1991 in O.S.No.122 of 1979 was dismissed by the trial Court and the said order was confirmed by the first appellate Court in C.M.A.No.38 of 1995 on 27.11.1996. Hence, the revision.