PAPPAYEE ALIAS KALIAMMAL Vs. KALIAMMAL

JUDGEMENT

(1.) THE revision petitioner/respondent/plaintiff has filed this civil revision petition as against the order dated 05.03.2008 in I.A.No.1638 of 2007 in I.A.No,519 of 2006 in O.S.No.196 of 1992 passed by the learned District Munsif, Tiruchengode in allowing the application filed by the respondents/petitioners defendants 1 to 3 under Section 151 of C.P.C. to eschew and set aside the endorsement made on behalf of them on 24.4.2007 and to grant permission to file a detailed counter.

(2.) THE trial Court, while passing orders in I.A.No.1638 of 2007, has inter alia opined that 'by offering opportunity to the parties the same will not amount to procedural irregularity and resultantly, allowed the application without costs.'

(3.) A perusal of the averments in affidavit in I.A.No.1638 of 2007 filed by the first respondent/first petitioner/first defendant herein, it is quite evident that 'due to an undue influence exercised on them by the respondents 1 to 7 herself and her family members have not pressed the A.S.No,232 of 2003 on the file of Sub Court, Namakkal and also due to the threat given by the petitioners /respondents they have been forced to enter into a registered partition deed dated 10.10.2005 where under wrong allotment of shares have been made etc. and moreover, they are appearing through the present counsel and after engaging him they have come to know that on their behalf an endorsement has been made in the final decree application in I.A.No,519 of 2005 in O.S.No.196 of 1992 and they also pray that the endorsement made on their behalf by the counsel that they have no counter may be eschewed and set aside.