S J PARKER Vs. EFFIC EUPERSIS PARKER

JUDGEMENT

(1.) THIS civil revision petition is filed by the respondents in I.A.No.662 of 1979 in unnumbered appeal C.F.R.No. 3729 of 1979, the plaintiff in the suit O.S.No.165 of 1972, on the file of the Subordinate Judge, Erode, challenging the legality and correctness of the order of the District Judge of Erode, passed in the above application. The facts of the case are briefly as follows: The civil revision petitioner as plaintiff filed the suit O.S.No.165 of 1972 on the file of the Subordinate Judge of Erode, for partition of his half share in the suit property. Miss. Effic (Eupersis) Parker, the sister of the petitioner herein, is the sole defendant in the suit. She filed a written statement in the suit claiming absolute title on the basis of a will, dated 4th August, 1950, executed by her mother and on the basis of another document, dated 27th March, 1951, viz. a gift deed, executed in her favour by her mother. Subsequently she remained ex parte. Thereafter a preliminary ex parte decree was passed on 25th October, 1976 for partition and possession of a half share in the suit property in favour of the petitioner herein. One Lalitha, claiming herself to be the power of attorney agent of the defendant, the respondent herein, filed an application l.A.No.662 of 1979, after a period of 2 years, 6 months and 2 days, for condonation of delay in filing the appeal, under section 5 of the Limitation Act. She also filed another application I.A.No.4 of 1980 for permission to file the appeal as a representative-in-interest under section 151, C.P.C. as person aggrieved. Both these applications were dismissed by the learned District Judge, by means of a common order, dated 24th September, 1980. As against this order two revision petitions have been filed by the respondent herein, viz. C.R.P.No.1297 of 1981 against I.A.No.4 of 1980 - Lalitha .. Petitioner v. S.J.Parker .. Respondent, and C.R.P.No. 4741 of 1981 against l.A.No.662 of 1979 - Miss.Fffic Parker by Power Agent Lalitha .. Petitioner v. S.J.Parker ..Respondent. Both these revisions were disposed of by Mohan, J. as per the order dated 14th December, 1982 by which, the order of the learned District Judge was set aside and the matter was remanded back to the District Court, for deciding the following questions:

(2.) EVEN assuming the respondent is an agreement-holder she cannot be said to be a person aggrieved who is entitled to file the appeal

(3.) I.A.No.662 of 1979, filed by the respondent to condone the delay in filing an appeal to set aside the ex parte decree based on the certified copy of the judgment and decree in O.S.No.165 of 1972 obtained by one Srinivasan, was not maintainable.