S MAYILSAMY Vs. G GANESAN

JUDGEMENT

(1.) The relief sought for in the revision petitions is to set aside the fair and decretal order dated 03.02.2018 and made in I.A.Nos.1152 & 1158 of 2017 in O.S.No.361 of 2009 on the file of the Principal Sub Court, Tirupur.

(2.) The first respondent filed a suit in O.S.No.361 of 2009 before the learned Subordinate Judge, Tirupur against the second and third respondent for partition. During the pendency of the suit, the revision petitioner was impleaded as a third defendant in the suit. After completion of the pleadings, framing of issues, completion of trial and when the matter was posted for the arguments of other side. At that time, the first respondent filed two applications in I.A.Nos.1152 & 1158 of 2017 in O.S.No.361 of 2009 for reopening and to recall the witness of DW1. After giving opportunity to both the parties and after elaborate enquiry, the trial Court allowed those two applications to reopen the evidence of defendants and also allowed to recall of DW1.

(3.) Aggrieved against the orders passed by the trial Court dated 002.2018, the present revision petitioner is before this Court.