D.BHAVANRAJ Vs. RAJENDRAN

JUDGEMENT

(1.) The above Civil Revision Petition has been filed, challenging the return of the application under Section 47 of the Code of Civil Procedure, filed by the revision petitioner/3rd party, without being numbered in E.P.No.49 of 2004 on the file of the District Munsif-cum-Judicial Magistrate Court, Arcot.

(2.) It is necessary to briefly touch upon certain facts, which precede the filing of this Civil Revision Petition. It appears that a suit in O.S.No.10 of 1991 has been filed by the respondents herein against the revision petitioner's father, one A.T.Dhayanandham and others, for partition on the file of the Subordinate Court, Ranipet (presently on the file of the Subordinate Court, Vellore, in O.S.No.130 of 1970). Ultimately, the suit was decreed and a preliminary decree was passed and thereafter, on 29.03.1993, a final decree had also come to be passed. The revision petitioner's father had participated in all the proceedings up to the final decree stage.

(3.) After passing of the final decree, the revision petitioner's father filed an appeal in A.S.No.71 of 1993 on the file of the Additional District Court, Vellore. The learned Additional District Judge had passed a judgment and decree dated 29.06.2001 in A.S.No.71 of 1993, which reads as follows.