SUBBATHAL Vs. THANGAVEL AND ORS.

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decreetal order dated 25.07.2013 in I.A. No. 218 of 2011 in O.S. No. 99 of 2007 on the file of the Sub -Court, Gobichettipalayam, Erode District.

(2.) The respondents/plaintiffs filed a suit in O.S. No. 99 of 2007 for partition and separate possession of 1/3rd share in the suit property stating that originally the suit property belongs to one Karuppanna Gounder and he had three daughters, who are defendants in the suit. The third defendant/Saraswathi has sold her share to the plaintiffs vide sale deed dated 16.04.2007. The first defendant had also filed a suit in O.S. No. 21 of 2010 against the respondents/plaintiffs seeking the relief of declaration and permanent injunction stated that she is in possession and enjoyment of the suit property, she prescribed title by way of adverse possession by ouster. Both the suits are tried simultaneously.

(3.) During pendency of the suit, the son of the first defendant/Subbathal has come forward with an application in I.A. No. 218 of 2011 for recognising him as power agent and permit him to act and proceed with the suit on behalf of the first defendant and to depose evidence. The trial Court, after hearing both sides, dismissed the application, against which, the present revision has been preferred by the first defendant.