MUTHU NADAR DIED Vs. RAJAYYAN

JUDGEMENT

(1.) CHALLENGING the award dated 30.04.2001, made in I.A.No.406 of 1999 in A.S.No.102 of 1995, on the file of Sub Court, Padmanabhapuram, the appellants have preferred the present appeal.

(2.) THE first appellant has filed a original suit against the respondent herein. That is the suit for partition. In the said suit, a preliminary decree was passed by the Trial Court in favour of the plaintiff / appellant. Against which, the respondent herein, who was the defendant therein preferred appeal in A.S.No.102 of 1995, on the file of the Sub Court, Padmanabhapuram. When the case was posted for hearing on 01.04.1999, the appellant was not present in his native place, that he was away in Kerala along with his wife and children for his livelihood and that he could not get the information of posting the case in the list for hearing.

(3.) AFTER hearing both sides, the learned Sub Judge dismissed the application, not content with the reasons contained in the affidavit.