NAGARU PILLAI Vs. RAM AMMAL

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of the First Additional District Munsif, Nagercoil dated 17. 09. 2002 made in I. A. No. 767 of 2002 in O. S. No. 74 of 1976, dismissing the Petition to re-open the case and to examine the Second Defendant as Witness on the side of the defendants.

(2.) FOR disposal of this Revision Petition, necessary brief facts are to be stated: - Plaintiffs filed O. S. No. 74 of 1976 on the file of district Munsif, Nagercoil for Declaration of their Title and Possession of the abcd Plot of 3 cents in the Plaint property and for an Injunction restraining the Defendants from putting up a fence and encroaching into the Plaintiffs property and for putting up a Demarcating Bund along AB line through Court and also for setting aside the resurvey proceedings and Plan prepared in respect of the Plaint Property.

(3.) C. M. A. No. 472 of 1981:- As against the Order of remand, the Revision Petitioners / Defendants 1 to 3 have preferred an Appeal before the High Court in c. M. A. No. 472 of 1981. The said Appeal was allowed with the following directions: - ". . . The appeal is allowed in part, in that, the portion of the Judgment of the learned appellate Judge allowing I. A. No. 47 of 1981 permitting the Plaintiffs to amend the Plaint and amended the Suit to the lower Court alone are confirmed. In other respects, the Judgments of both the trial Court and the lower Appellate Court are set aside, and the matter is remanded to the Trial Court for fresh disposal on merits on all the issues after giving opportunity to both parties to adduce evidence both oral and documentary and without being influenced by the observations made either by the lower appellate Court. There will be no order as to costs in this Appeal. Since the matter is of the year 1976, the Trial Court is directed to dispose of the suit expeditiously by giving top priority to this Suit. . . . "