RAKKIYA GOUNDER Vs. ARUKKANIAMMAL

JUDGEMENT

(1.) THE revision petitioners/appellants/defendants have filed this present civil revision petition as against the Judgment dated 12. 2. 2009 in C. M. A. No. 20 of 2008 passed by the learned First Additional Subordinate Judge, Erode confirming the fair and decretal order dated 10. 4. 2008 in I. A. No. 384 of 2008 in O. S. No. 817 of 2005 passed by the learned Principal District Munsif, Erode.

(2.) THE revision petitioners/appellants have preferred C. M. A. No. 20 of 2008 on the file of the learned First Additional Subordinate Judge, Erode and the first appellate authority has passed Judgment on 12. 2. 2009 inter alia stating that no case has been made out to interfere with the order dated 10. 4. 2008 passed by the trial Court in I. A. No. 384 of 2008 in O. S. No. 817 of 2005.

(3.) THE trial Court, while passing orders in I. A. No. 384 of 2008 on 10. 4. 2008 has inter alia opined that the main suit has been posted in the list on 1. 8. 2006 and that P. W. 1 has been examined and on 1. 8. 2006 and that P. W. 1 has been examined and on 9. 8. 2006, I. A. No. 994 of 2006 has been filed by the revision petitioners to set aside the earlier exparte order dated 17. 1. 2006 and the same has been allowed on 18. 9. 2006 and again the case has been posted for trial on 27. 9. 2006 and at that stage, I. A. No. 1240 of 2006 has been filed praying for permission of the Court to file additional written statement on behalf of the revision petitioners and the same has been allowed and again the matter has been posted for enquiry on 22. 1. 2007 and later the matter since been adjourned to 22. 2. 2007, 26. 2. 2007, 28. 2. 2007, 3. 3. 32007, 14. 3. 2007 and on 20. 3. 2007 in I. A. 300 of 2007, an Advocate Commissioner has been appointed and he has filed a report on 21. 6. 2007 and Exs P1 to P3 have been marked and in the suit, an exparte decree has been passed.