SELVARAJ Vs. LAKSHMI

JUDGEMENT

(1.) UNDER this revision, the order passed I.A.No,339 of 2007 in I.A.No.114 of 2006 in O.S.No,50 of 2006 on the file of the Court of Principal Subordinate Judge, Krishnagiri, an application filed under Section 151 of CPC seeking the indulgence of the Court to permit the petitioners/defendants to file their counter in the final decree proceedings ie., I.A.No.114 of 2006. The learned trial Judge had dismissed the said application on the ground that the defendants were set exparte in the suit. But that is not a ground to reject the claim of the petitioners to file their counter in the final decree proceedings.

(2.) THE learned counsel appearing for the revision petitioners would further represent that the revision petitioners have preferred an appeal against the decree and Judgment in O.S.No,50 of 2006 also. Under such circumstances, I am of the view that an opportunity must be given to the revision petitioners to file their counter in I.A.No.114 of 2006 in O.S.No,50 of 2006.