P . SUYAMBU ANANTHAM (DIED) Vs. SADANA GNANA SELVI

JUDGEMENT

(1.) O.S No.201 of 2015 on the file of the Principal District Munsif Court, Valliyoor was filed by the respondents 1 to 9 herein. It is a suit for partition. The original revision petitioner Suyambu Anandham was shown as the 7th defendant in the suit. His stand was that he was the absolute owner of the suit property. But then, for certain reasons, he came to be set exparte. This was on 31.08.2015. After the 7th defendant Suyambu Anandham was set exparte, the matter was referred to Lok Adalat. In the Lok Adalat, the defendants 1 to 3 stated that they have no objection for passing a preliminary decree as sought for.

(2.) Thereafter, the seventh defendant moved the trial court for setting aside the order whereby he was set exparte. The trial court declined to do so. That necessitated the seventh defendant to file CRP (MD)No.240 of 2016 before this Court. This Court gave a direction to the trial court for numbering the I.A and giving a disposal on merits and in accordance with law. But then, the court below has returned the I.A with an endorsement that it is not maintainable in the absence of a challenge to the Lok Adalat award. Therefore, the revision petitioner has now challenged the Lok Adalat award itself.

(3.) The real grievance of the revision petitioner is that he should be allowed the contest the suit on merits. The said request is reasonable and acceptable. As rightly contended by the learned counsel appearing for the revision petitioner, the suit itself was filed only on 29.07.2015. After receiving the suit summons, the original petitioner namely, Suyambu Anandham appeared before the court below on 28.08.2015. Since the presiding officer was on casual leave, the matter was not taken up. Therefore, Thiru.Suyambu Anandham returned. He was probably under the impression that he would receive one more invitation from the court. He omitted to engage a counsel through whom he could have filed Vakalat. Since he did not do so, when the matter was taken up for hearing on 31.08.2015, he came to be set exparte. The matter was referred to Lok Adalat on 12.09.2015.