DEIVANAI Vs. KALAISELVI

JUDGEMENT

(1.) THIS Civil Revision petition is focussed to get set aside the order dated 25. 03. 2004 in I. A. SR. No. 489 of 2004 dated 16-02--2004 in O. S. No. 27 of 1997 on the file of the Sub Court, Karur.

(2.) A re'sume' of facts absolutely necessary and germane for the disposal of this Civil Revision Petition would run thus: the respondent herein, Kalaiselvi, filed the suit in O. S. No. 27 of 1997 in sub-Court, Karur seeking partition of her deceased father's property. The first petitioner Deivanai and the second petitioner Rajendran, happen to be the mother and younger brother of the respondent respectively.

(3.) THIS case is having a chequered carrier of its own. It so happened that on 18-04-2001, an ex-parte preliminary decree was passed. Thereupon, i. A. No. 398 of 2001 was filed by the petitioners herein for getting the said ex-parte order set aside. However, I. A. No. 398 of 2001 was dismissed for default on 17-08-2001. Instead of taking steps to get the I. A. No. 398 of 2001 restored to file, a fresh application, I. A. 888 of 2002 it appears, was filed so as to get the delay condoned in filing a fresh application for getting the ex-parte preliminary decree set aside and that petition was dismissed, as against which civil Revision Petition No. 1077 of 2003 was filed before this Court which was dismissed by this Court on 24-12-2003 by observing that already when an application in I. A. No. 398 of 2001 was filed and dismissed, a fresh application would not be maintainable. Thereafter, it appears, the petitioners herein filed i. A for getting restored I. A. No. 398 of 2001 and that was not numbered, but the trial court dismissed it placing reliance on the chequered carrier of this case and also by referring to the earlier order of this court.