GANESAN Vs. PORKILAI

JUDGEMENT

(1.) This revision petition has been filed challenging the order passed by the II Additional District Judge, Pondicherry in the petition for review of the judgment dated 1.12.1981 in A.S.No.71 of 1981 on the file of the Principal District Judge, Pondicherry. The revision petitioners filed the review application mainly on the ground that the first petitioner was made to believe and sign a joint endorsement fraudulently in A.S.No.71 of 1981 and that therefore the said joint endorsement as well as the judgment rendered on that basis have to be reviewed. While the petition was posted for arguments on 28.4.1994, the petitioners' counsel reported want of instructions and in spite of such circumstance, the petition was dismissed on merits. Hence, the revision.

(2.) Heard the learned counsel for the petitioners. Though the names of the respondents 2 to 7 printed in the list, they have neither appeared in person nor represented through counsel.

(3.) The learned counsel for the revision petitioner has drawn the attention of this Court to the judgment of the High Court, Madras in C.M.S.A.No.87 of 1986 setting aside the decree and judgment of the first appellate Court in A.S.No.71 of 1981 and confirming the order for re-delivery passed in E.A.No.69 of 1981 in E.P.No.506 of 1980 on the file of the Principal District Munsif, Pondicherry. It is therefore urged by the learned counsel for the revision petitioner that in view of the judgment rendered by the High Court, Madras in C.M.S.A.No.87 of 1986, the judgment and decree passed in the first appeal in A.S.No.71 of 1981 on the file of the Principal District Court at Pondicherry are liable to be set aside and that it follows that any further proceedings in pursuance of that decision in the first appeal for taking delivery are null and void. Hence, he has urged that the lower appellate Court did not consider the said judgment rendered by the High Court, Madras while disposing of the application in C.R.A.No.12 of 1993 in A.S.No.71 of 1991 on the file of the II Additional District Judge, Pondicherry.