CHINNA GOUNDER Vs. PERIYANNA GOUNDER

JUDGEMENT

(1.) The Civil Revision Petition is directed against the order of the learned I Additional District Munsif, Bhavani in I.A.No.148 of 2010 in O.S.No.682 of 1992 in and by which the learned Judge has dismissed the application filed by the petitioners herein who are the defendants 2,4,5 and 6 in the suit for recalling P.W.1.

(2.) From a perusal of the papers, it is seen that the first respondent herein had filed a suit for partition against his brother Kaliyannagounder. Pending the suit Kaliyannagounder died and the petitioners herein and the second respondent were brought on record as his legal representatives. An ex parte preliminary decree was passed on 03.06.1999, declaring the share of the first respondent in the suit properties. The first respondent had thereafter filed I.A.No.13 of 2007 for passing final decree in terms of the preliminary decree dated 03.06.1999. It appears that the petitioners herein after receiving notice in the final decree proceedings had taken out a petition in I.A.No.263 of 2009 seeking the following relief:

(3.) The petitioners would contend that due to the sudden demise of Kaliyannagounder, the petitioners were unable to move and instruct her counsel. Though, initially they had engaged him to represent them, she would further submit that the final decree was not passed till date of the shares had to be modified, since under a Will dated 25.04.1988 of her late husband she was entitled to 1/3rd share in the entire suit properties and the remaining 2/3rd share has to be distributed between other petitioners and the respondents herein.