S.A. BUVANESHWARI Vs. P.A. NAGARAJAN

JUDGEMENT

(1.) CHALLENGING the fair and final order passed in I.A.No. 2 of 2007 in O.S.No. 109 of 2006 on the file of the Principal District Court, Virudhunagar District at Srivilliputhur, the first defendant has filed the above Civil Revision Petition.

(2.) HEARD the submissions of the learned counsel for the petitioner and the learned counsels for the respondents 1 to 3 and 5.

(3.) ON a perusal of the plaint filed in O.S.No. 109 of 2006, it could be seen that the plaintiff had averred that he did not receive any summons at the time of passing of preliminary decree. So far as the final decree application and also the Execution Petition in E.P.No. 177 of 2004 are concerned, he has not stated anything about the service of summons. The earlier suit was filed by the first defendant in the year 1988 and a preliminary decree was passed on 08.01.1995 and the final decree was passed on 30.06.2003. The present suit has been filed by the first defendant in the year 2006.