PRADEEP KUMAR Vs. BALASUNDARAM

JUDGEMENT

(1.) HEARD both the learned counsel appearing for the petitioners as well as the respondent.

(2.) CHALLENGING the judgment and decree, dated 8.4.2009, made in C.M.A.No.7 of 2008 on the file of the Principal District Judge, Villupuram, confirming the fair and decretal order, dated 13.3.2007 made in I.A.No.40 of 2007 in O.S.No.64 of 2004 on the file of the Sub-Court, Kallakurichi, the Civil Revision Petition has been filed by the petitioners/defendants.

(3.) IN the present case, it is not in dispute that in the earlier occasion, due to the non-appearance of the petitioners/defendants, the Suit was decreed on 21.8.2006 and subsequently, on partition, the ex parte decree was set aside by the Court below, however, subsequently, after the case was posted for trial and P.W.1. was examined and posted for cross-examination of P.W.1 on various dates, however the petitioners were not ready to cross-examine the witness.