TAMILNADU MERCANTILE BANK LTD. Vs. D. MATHIVANAN

JUDGEMENT

(1.) These civil revision petitions have been filed to set aside the fair and executable orders, dated 27.10.2007, passed by the learned Principal District Munsif, Valangaimaan at Kumbakonam, in I.A. Nos. 323 and 324 of 2007 in O.S. Nos. 229 and 231 of 2007 and the fair and executable orders, dated 27.10.2007, passed by learned Additional District Munsif, Valangaimaan at Kumbakonam, in I.A. Nos. 270 and 271 of 2007 in O.S. Nos. 232 and 230 of 2007. Heard Mr. A.R.M. Ramesh, the learned counsel for the revision petitioner and Mr. T.V. Sivakumar, the learned counsel for the respondents.

(2.) The petitioner herein is the plaintiff and the respondents herein are the defendants in the suits in O.S. Nos. 229, 232, 230 and 231 of 2007, on the file of Principal District Munsif Court, Valangaimaan and the Additional District Munsif Court, Valangaimaan at Kumbakonam. The suits have been filed for recovery of money. The petitioner filed I.A. Nos. 323, 270, 271 and 324 of 2007 in O.S. Nos. 229, 232, 230 and 231 of 2007, to accept the person mentioned in the applications as Power Agent of the Plaintiff. The relief is sought, on the ground that he was the Manager of the Branch and he knew the facts of these cases and the transactions personally and he only singed in the vakalath, plaint and other documents. When the applications were taken up, the respondents were not present either in person or through counsel.

(3.) The learned Judge relied on the Judgment Janki Vashdeo Bhojwani v. Indusind Bank Ltd., 2005 AIR(SC) 439. Headnote 'A' of the Judgment reads as follows: