DURAISAMY PILLAI Vs. PERIANNAN PILLAI

JUDGEMENT

(1.) THE Revision petitioner/12th defendant has projected the civil revision petition as against the order in I.A.No.1641 of 2005 in O.S.No,278 of 2003 passed by the Additional District Munsif, Namakkal in dismissing the application filed by the petitioner under Order 8 Rule 9 and Section 151 of Civil Procedure Code.

(2.) THE trial Court while passing order in I.A.No.1641 of 2005 has inter alia held that

(3.) CONTENDING contra, the learned counsel for the respondents submit that almost all the other defendants have adopted the written statement of D1 and D11 and that the additional written statement of D1 and D11 have been accepted by the trial Court and the averment of the revision petitioner/12th Defendant in his additional written statement to the effect that the channel in entirety on the lower side in survey number runs in his land has already been made mention of in the additional written statement of D1 and D11 in a way that the respective survey numbers do belong to the respective owners in their own right and therefore, the trial court is perfectly correct in dismissing the I.A.No.1641 of 2005 filed by the revision petitioner/12th Defendant and this court sitting in revision at this stage need not interfere with the order passed by the trial Court.