An interesting and important question arises in this appeal. The appellants who did not appear in Court when Appeal Suit No. 55 of 1998 on the file of Subordinate Judge, Srivilliputhur was called and decided against them, have filed an unnumbered Interlocutory Application under Order 41, Rule 21 of the Code of Civil Procedure to set aside the judgment and decree passed on 30-10-98 and rehear the appeal by giving an opportunity to them to contest the same.

2. The brief facts are stated hereunder :- According to the appellants, the suit property bearing Door No. 76-B, Sevabatti Naidu street, Rajapalayam is under the possession and enjoyment of the first appellant herein right from the year prior to 1964 and he had put superstructure thereon. The respondents without any right or title whatsoever filed O.S. No. 233 of 1995 on the file of District Munsif, Srivilliputur, against the first appellant and his wife Balakrishnammal for declaration of title and for possession in respect of the suit property. During the pendency of the suit, his wife died and his children as the legal representatives of the 2nd defendant were brought on record as defendants 3 to 6. All of them contes