S KALIMUTHU Vs. S ARUMUGAM

JUDGEMENT

(1.) THIS Revision Petition has been preferred, being aggrieved by the fair and final order dated 21. 4. 1998 made in I. A. No. 324 of 1998 in O. S. No. 411 of 1997 on the file of the Principal District Munsif Court, sankarankoil in directing police protection to the respondents. THIS Revision has been preferred under Section 115 of the Code of Civil Procedure. For convenience, the parties to this revision will be referred as arrayed in the suit O. S. No. 411 of 1997. The first defendant in the suit is the Revision petitioner herein.

(2.) THE plaintiffs 1 and 2 instituted the suit O. S. No. 411 of 1997 against the defendants 1 & 2 seeking the relief of declaration of title and consequential relief of permanent injunction forbearing the defendants or their subordinates or men or agents from in any manner interfering with the plaintiff's possession and enjoyment of the suit property.

(3.) IT may be that the defendant had been seeking time for filing counter for several months, However, there is no justification to grant extension for a period of six months and above to enable the defendants to file a counter affidavit. If the defendants fail to file the counter affidavit, it would have been proper on the part of the Court below to grant one or two extensions for filing counter affidavit, failing which it ought to have disposed of the injunction application on merits, as required by Rule 3a of order 39. These facts, which are not in dispute would show that the Court below had not followed the letter and spirit of Order 39 Rule 3 & 3 A.