T N ANANTHA RAO Vs. N BHANUMOORTHY

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of VI Assistant Judge, City Civil Court, Chennai dated 26. 09. 2000 in I. A. No. 11399 of 1997 in O. S. No. 12547 of 1996, allowing the Application filed under Order IX Rule 9 r/w Section 151 C. P. C and thereby restoring the Suit in O. S. No. 12547 of 1996 on file. Defendants 1 and 2 are the Revision Petitioners.

(2.) O. S. NO. 3133 of 1986:- The Suit was filed by the Revision Petitioners / Defendants against the Plaintiff and two others for Possession and other reliefs. The said Suit was decreed by Judgment and Decree dated 21. 07. 1995. Two other Defendants in O. S. No. 3133 of 1986 are the Plaintiff-s Younger Brother by name N. Phaneerudrudu and the Plaintiff-s Brother-in-law. The Judgment and Decree in O. S. No. 3133 of 1986 was confirmed in A. S. No. 230 of 1995. The concurrent findings of the Courts below were confirmed in S. A. No. 605 of 1996. The said Second Appeal was dismissed even in the admission stage.

(3.) O. S. NO. 12547 of 1996:- The Plaintiff has filed the Suit for declaring that the Judgment in O. S. No. 3133 of 1986 confirmed in A. S. No. 230 of 1995 and S. A. No. 605 of 1996 has null and void, having been obtained by practising fraud of the Court and that it is collusive and also for Permanent Injunction restraining the Defendants, their Men and Agents from in any way disturbing peaceful possession of the Plaintiff in respect of the Suit Property.