ELANGO Vs. RAJENDIRAN

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 20.08.2008, passed by the learned II Additional District Munsif, Vriddhachalam, in I.A.No,2682 of 2007 in O.S.No,643 of 2005, this civil revision petition is focussed.

(2.) HEARD the learned counsel for the respondent. Learned counsel for the petitioner is absent. However, the learned counsel for the respondent prayed for an adjournment. On perusal of the records, I am satisfied that this being a revision, no more adjournment is required and I proceed to dispose of it on merits.

(3.) MY mind is redolent and reminiscent of the following decision of the Honourable Apex Court reported in 2008(4) TLNJ 588(CIVIL)- VIDYABAI AND OTHERS VS. PADMALATHA AND ANOTHER, certain excerpts from it would run thus: "7. By reason of the Civil Procedure Code (Amendment) Act, 2002 (Act 22 of 2002), the Parliament inter alia inserted a proviso to Order VI Rule 17 of the Code, which reads as under: