These petitions relate to pending proceedings under section 145 of the Code of Criminal Procedure in the Court of the ex-officer First Class Magistrate and Revenue Divisional Officer, Usilampatti. In both these petitions, it appears that the Magistrate made a reference to the civil Court for determination of the factum of possession and the right thereto, within the ambit of section 146 (1), Criminal Procedure Code, but, unfortunately, the revision petitioners (A party) appear to have failed to be present in the civil Court, upon the relevant occasion, for reasons that we need not now enter into ; at any rate, this much is clear that the civil Court treated them as ex parte, and proceeded to dispose of the references to it on that basis.

Now, it is obvious that the revision petitioners did not have an opportunity to show cause in the proceeding before the civil Court, against any finding adverse to their case as to possession. Certainly, it is in the interests of equity and justice that they should be heard, before a finding is arrived at by the civil Court. I am making this as a general observation, and without reference to the merits of the grounds upon which they failed t