A ISSAC Vs. ABDUL AZIZ

JUDGEMENT

(1.) The Appellant/Plaintiff has filed this Second Appeal before this Court as against the Judgment and Decree dated 28.02.1997 made in A.S. No.45 of 1996 on the file of Learned First Additional District Judge -cum- Chief Judicial Magistrate, Erode.

(2.) The First Appellate Court viz. the Learned First Additional District Judge -cum- Chief Judicial Magistrate, Erode while passing the Judgment dated 28.02.1997 in A.S. No.45 of 1996 has among other things observed that 'the Appellant/Plaintiff has been helping his Father viz. Respondent/Defendant and when the Respondent/ Defendant (Father) has obtained the licence, then the Appellant/ Plaintiff is not entitled to claim the relief of injunction against the Respondent/Defendant' and resultantly dismissed the Appeal without costs.

(3.) Before the Trial Court in the suit filed by the Appellant/ Plaintiff, two issues have been framed for determination. On the side of the Appellant/Plaintiff witnesses PW1 and 2 have been examined and Exs.A1 to A13 have been marked. On the side of the Respondent/ Defendant witnesses DW1 and 2 have been examined and Exs.B1 to B11 have been marked.