E.PADMANABHAN,J.

C.M.A.No.771 of 2003 has been preferred under Order XLIII Rule 1 (na) CPC challenging the fair and decretal order dated 11.9.2003 passed in Pauper O.P.NO:(Unnumbered) of 2003 in O.S.No.312 of 1995 on the file of the Subordinate Judge, Sankagiri.

2. The very same appellants also have preferred C.R.P.No.558 of 2003 challenging the judgment and decree dated 24.2.2003 made in O.S.No.312 of 1995 on the file of the Subordinate Judge of Sankagiri dismissing the suit for default on the sole reasoning that the additional court fee has not been paid and also on the basis that the plaintiff's counsel was not prepared to conduct the suit.

3. The very same petitioners also preferred CRP.No.814 of 2003 challenging the order of return dated 27.3.2003 made in unnumbered I.A.,No (Unnumbered)of 2003 in O.S.No.312 of 1995 on the file of the Subordinate Judge of Sankagiri.

4. All the above three matters and connected Civil Miscellaneous Petitions are consolidated since they arise out of one and the same suit between the same parties, besides one order is consequential to the other.

5. Heard Mr.V.K.Muthusamy, learned senior counsel appearing for the appellant in the CMA as well