S LAKSHMI NARAYANA ALIAS NARAYANUDU Vs. GANGAMMA

JUDGEMENT

(1.) The Revision petitioner is the defendant No. 6 in O.S. No. 69 of 1989 on the file of the Court of the Junior Civil Judge, Hindupur. The suit is filed by the respondent herein for partition of the suit schedule properties and for separate possession of 1/3rd share. During the pendency of the suit, the 1st defendant died and the Revision petitioner was brought on record as legal representative of the 1st defendant. As he was a minor at that time he was represented by his mother and natural guardian and a written statement was filed by her contesting the suit. The said suit was decreed by judgment dated 16.12.1992. Long thereafter in the year 1998, the Revision petitioner filed I.A. No. 32 of 1998 in O.S. No. 69 of 1989 under Order 9 Rule 13 of C.P.C. to set aside the decree dated 16.12.1992, contending that the decree dated 16.12.1992 without taking steps to declare him as a major and without notice to him was unsustainable under law. It was pleaded in the affidavit filed in support of the said application that even as per the age mentioned in the plaint he attained majority by the date of the decree.

(2.) The trial Court dismissed I.A. No. 32 of 1998 by order dated 8.4.2005 and C.M.A. No. 10 of 2005 on the file of the Court of the Senior Civil Judge, Hindupur, filed by the Revision petitioner was also dismissed by order dated 27.9.2007. Hence, this Civil Revision Petition.

(3.) I have heard the Learned Counsel for both the parties and perused the material available on record.