VISALAKSHI Vs. UMAPATHY AND ORS.

JUDGEMENT

(1.) The revision petitioner is the first defendant, whereas the respondents 1 to 4 are the plaintiffs in the suit in O.S. No. 147 of 2007 on the file of the learned II Additional Subordinate Judge, Cuddalore. The respondents 5 to 10 herein are the defendants 2 to 7. It is apparent from the records that the respondents 1 to 4 herein have filed the above suit as against the revision petitioner herein being the first defendant as well as against the respondents 5 to 10 seeking the relief of partition and for declaration that the alleged sale deed said to have been executed by the first defendant, viz., the revision petitioner in favour of the 7th defendant in the suit on 28.6.2007 in respect of item No. 1 of the suit property as null and void and also for costs.

(2.) It is also manifested from the records that the revision petitioner being the first defendant and the 7th defendant alone have contested the suit by filing their respective written statements.

(3.) When the suit was listed for trial proceedings on 5.6.2009, the revision petitioner was not able to appear on account of his ill-health and therefore, an ex parte order came to be passed against her.