GNANA SENAZAR Vs. MARY STELLA BAI

JUDGEMENT

(1.) THIS Civil Revision Petition has been focussed against the Fair and Final order dated 20. 11. 2003 passed in I. A. No. 1044 of 2003 in O. S. No. 161 of 1998, on the file of the Subordinate Court, Padmanabapuram.

(2.) HEARD both sides.

(3.) A re'sume' of facts absolutely necessary and germane for the disposal of this Civil Revision Petition would run thus: the respondents Nos. 1 to 3 herein filed the suit O. S. No. 161 of 1998 on the file of Sub Court, Padmanabapuram, Kanyakumari District as against respondents 4 to 8. During the pendency of the suit the plaintiffs thought fit to add the petitioner herein also as one of the defendant so as to say as 6th defendant in the suit. According to the plaintiffs, the petitioner happens to be the purchaser of the undivided share in the suit property. It so happened in i. A. No. 1102 of 2002, filed for impleadment, publication of notice to petitioner herein was ordered as personal service could not be effected. Thereupon he was added as 6th defendant in the suit and after publication of suit summons in the news paper he was set exparte. However, it so happened that the petitioner came to know about the pendency of the suit, has chosen to file I. A. No. 1044 of 2003 to get the exparte order set aside. The learned Subordinate Judge dismissed the said application, as against which this Civil Revision Petition has been focussed.