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2010 Supreme(Mad) 70

M.VENUGOPAL
E. Ramu – Appellant
Versus
E. Krishnan – Respondent


Judgment :-

The Petitioners/Respondents 1 to 3/Plaintiffs have projected this Civil Revision Petition as against the order dated 21.04.2008 in I.A.No.535 of 2007 in O.S.No.275 of 1990 passed by the learned Principal Sub Judge, Salem in allowing the application filed by the 1st respondent/petitioner/4th plaintiff under Order 26 Rule 13 read with Order 23 Rule 3 and Section 151 of Civil Procedure Code praying to set aside the Compromise Decree passed in I.A.No.1519 of 1991 dated 17.12.1991 and consequently, to pass a fresh decree.

2.The trial court while passing orders in I.A.No.535 of 2007 dated 21.04.2008 has inter alia opined that on the date when the learned Judge who has delivered the judgment, has been in service and on that date, the learned Judge who has been on leave has signed in the said judgment, which cannot be accepted and therefore, the judgment delivered in I.A.No.1519 of 1991 in O.S.No.275 of 1990 dated 17.12.1991 is not to be accepted and resultantly, set aside the final decree passed in I.A.No.1519 of 1991 dated 17.12.1991 based on the compromise application and allowed the I.A.No.535 of 2007 without costs.

3.The learned counsel for the Revision Petitioners/Respondent






















































































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