M V GNANENDRA NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) THOUGH this appeal is posted for admission, the same is taken up for final disposal with the consent of both the parties.

(2.) THIS appeal is filed against the judgment and decree passed in R.A. No. 35/1996 on the file of the Principal Civil Judge (Sr. Dn)., arising out of the judgment and decree passed in S. No. 1293/1989. The appellant is the plaintiff and in person argued his case.

(3.) AS on the date of filing of the suit the tenth defendant was not alive. The said fact was not brought to the notice of the Court. Against a dead person the proceedings were continued. The trial Court allowed the suit and directed defendants 1 to 6 and 10 and 11 to pay the suit claim of Rs. 50,000 and further allowed interest at the rate of 6 per cent p.a. from the date of maturity of the fixed deposit pertaining to Canara Bank and Tamil Nadu Transport Development Financial Corpn. Ltd., till payment. The first appellate Court set aside the judgment and decree and dismissed the suit. Hence, this second appeal.