NAGAIYAN AND ANOTHER Vs. RANGASAMY

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the fair and decretal order dated 15.02.2018 passed in I.A. No. 85 of 2018 in O.S. No. 197 of 2015 by the learned Principal District Munsif, Cuddalore.

(2.) The petitioners herein are the defendants and the respondent herein is the plaintiff.

(3.) The brief facts of the case are as follows: The respondent/plaintiff filed a suit in O.S. No. 197 of 2015 against the petitioners/defendants seeking a decree restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property either by taking forcible possession of the same or otherwise, except by due process of law. The defendants also filed the written statement. Though the suit was adjourned for several times, the 1st defendant has not come forward to examine himself as D.W.3 before the trial Court. Hence, the trial Court passed an order dated 16.12.2017 advising the defendants to file necessary application setting out the reasons for examining 1st defendant at later stage. Hence, the defendants filed an application in I.A. No. 85 of 2018 in O.S. No. 197 of 2015 under Order 18, Rule 3A and section 151 CPC to permit 1st petitioner/1st defendant to examine himself as D.W.3 and the said application was dismissed by order dated 15.02.2018 holding that the defendants have not stated sufficient reasons in the affidavit for the delay caused in examining the first defendant as D.W.3 at the beginning stage of the suit. Feeling aggrieved by the said order, the present civil revision petition has been filed by the petitioners.