N VISWANATHAN Vs. CHANDRAKASU

JUDGEMENT

(1.) THE third party has filed this revision petition challenging the judgment dated 31. 12. 2004 passed in O. S. NO. 250 of 2003 on the file of the Additional District Munsif, Chidambaram. The suit was for injunction. In the suit, the defendant is Panchayat Union Kumarathci represented by Block Development Officer. The revision petitioner is one Viswanthan said to be the president of Thavarthampattu Panchyat, which comes within the jurisdiction of the Panchayat Union Kumaratchi.

(2.) THE revision petitioner would challenge the decree and judgment passed in O. S. No. 250/2003 on the ground that the suit property comes within the jurisdiction of the revision petitioner and the proper defence was not putforth in the written statement by the defendant in O. S. No. 250/2003 and because of the decree and judgment passed in O. S. No. 250/2003, the most affected party will be the revision petitioner.

(3.) THE learned counsel for the revision petitioner relied on the decisions of this Court reported in 2004 (4) CTC 197 (Suguna Poultry Farm Limited Vs. Arul Mariamman textiles Limited) and 1995 (1) LW 141 (Annapooni Vs. Janaki) and contended that if it is found by the High court that the trial Court without jurisdiction has passed a decree, then the power of Article 227 can be exercised by this Court to set aside the decree.