Words sufficient cause should give a liberal construction.

(PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code against the fair and decretal order, dated 29.12.2005, made in I.A.No.632 of 2005 in O.S.No.2209 of 1993 on the file of Second Additional District Munsif Court, Coimbatore.)

The Civil Revision Petition is filed praying to set aside the fair and decretal order, dated 29.12.2005, passed by the learned Second Additional District Munsif, Coimbatore, in I.A.No.632 of 2005 in O.S.No.2209 of 1993.

2. Heard the learned counsel for the petitioner as well as the respondents.

3. The suit in O.S.No.2209 of 1993 was filed by the Respondents/plaintiffs before the Court of the District Munsif, Coimbatore, praying for a decree of permanent injunction restraining the 3rd Defendant in any manner altering the physical features of the suit property, mandatory injunction directing the 3rd Defendant to remove his belongings kept in Item No.2 of the schedule of property, permanent Injunction restraining 3rd Defendant and his henchmen from in any manner trespassing into the suit property, directing the defendants to pay the costs of the suit and for grant of such other reliefs deemed fit and necessary in the circumstances of the case. Subsequently, the plaintiffs had prayed for an amendment of the prayer in I.A.No.1005 of 1996 and that was ordered as prayed for by an order, dated 15.03.2001, adding the following prayer for:-

'Directing the defendants to be ejected from item-1 of plaint schedule property and vacant possession of the same given to the plaintiffs'

4. It is the case of the petitioner that the suit which was originally filed in the Principal District Munsif Court, Coimbatore, was subsequently transferred to the First Additional Sub-ordinate Judge, Coimbatore, and later to the Second Additional District Munsif Court, Coimbatore.

5. It is averred by the petitioner herein that he was not aware of the transfer of the case from one Court to another and also that his counsel did not inform him. Therefore, an exparte decree was passed on 13.04.2005 and subsequently EP.No.89 of 2005 was filed for delivery of possession of the property mentioned in the suit schedule.

6. It is also the case of the petitioner in the present Civil Revision Petition that after the transfer of the suit, no notice was served on him. Further, it is the case of the petitioner that he was undergoing medical treatment and that he could not contact his counsel and therefore he did not know about the ex-parte decree passed against him on 13.04.2005 in OS.No.2209 of 1993 on the file of Second Additional District Munsif Court, Coimbatore. It is his further case that he had filed I.A.No.632 of 2005 in O.S.No.2209 of 1993, under section 5 of the Limitation Act, to condone the delay of 185 days in filing an application to set aside the exparte decree, dated 13.04.2005.

7. He further states that on an erroneous appreciation of facts and law, the learned District Munsif by an order, dated 29.12.2005, dismissed the interim application in I.A.No.632 of 2005. Against the said order, he has preferred the present Civil Revision Petition. By a Civil Miscellaneous Petition No.439 of 2006, he has also prayed for stay of all further proceedings in E.P.No.89 of 2005 on the file of Principal District Munsif, Coimbatore, pending disposal of the present Civil Revision Petition.

8. It is the case of the respondent that he had filed the suit O.S.No.2209 of 1993 for injunction and other reliefs and also for recovery of possession against the present petitioner and others. He further states that the suit was filed before the District Munsif, Coimbatore, wherein the petitioner had entered appearance through his counsel and contested the case. Subsequently, the suit was transferred to Sub-court, Coimbatore, only in the year 2002 and was renumbered as O.S.No.204 of 2002, in which proceedings also, the petitioner in the present Civil Revision Petition had appeared through his counsel, on 05.02.2003, before the sub-court