S A ARUMUGAM Vs. V AMUDHA

JUDGEMENT

(1.) THIS revision is directed against the Order passed in C. M. A. No. 59/1999 on the file of the Principal District Judge, Erode, dated 27/6/2000, confirming the fair Order made in I. A. No. 1656/1998 in O. S. No. 552/1989 on the file of the I Additional District Munsif Court, Erode, dated 28/1/1999. The third Defendant is the Revision Petitioner.

(2.) THE first Respondent/plaintiff filed suit O. S. No. 552/1989 for declaration that they are the absolute owners of the suit property and for Permanent Injunction restraining the third Defendant from altering the physical features of Item No. 1 of the suit property. The third Defendant is the subsequent purchaser. Defendants 1 and 2 are father-in-law and husband of the first Respondent.

(3.) AFTER being served with suit summons, the third Defendant engaged a counsel to appear on his behalf in the suit. The third Defendant was set exparte on 27. 07. 1990. According to the Petitioner, after he engaged counsel, he fell ill and was bed ridden till September, 1997 and he was under medical advice, taking complete rest and he came to know about the exparte Decree only when the Plaintiff approached through an Ex. MLA for settling the matter. In 1997, the Petitioner had filed I. A. No. 1656/1997 under Or. 9 R. 13 CPC to set aside the exparte Decree.