(1.) Heard Sri Abhinav R, for Sri Gagan.S, learned counsel for appellant and Sri D.R.Ravi Shankar, learned Senior Advocate for Sri Saravana S, advocate for respondents.
(2.) Parties are referred to as plaintiff and defendant as per their ranking before the Trial Court, for the sake of convenience.
(3.) The present Second Appeal is filed by the defendant challenging the order passed in R.A.No.117/2017 dtd. 6/1/2020 on the file of the IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, whereby, learned Judge in the First Appellate Court set-aside the Order dtd. 5/4/2017 passed in O.S.No.1016/2009 on the file of the I Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, rejecting the plaint, and restoring the suit to be tried on merits.