(1.) THE above Second Appeal arises against the judgment and decree in A.S.No.2 of 2005 on the file of Principal Sub-Court, Virudhachalam, confirming the judgment and decree in O.S.No.368 of 2004 on the file of First Additional District Munsif Court, Virudhachalam.
(2.) THE second defendant is the appellant, the first respondent was the plaintiff and the second respondent was the first defendant.
(3.) THE brief case of the first defendant in the suit is as follows: According to the first defendant, the second defendant's Company Ragavendra Constructions is a Contractor for Broad guage conversion earth work to fill the sand to widen the track, but the first defendant never authorised them to dug the soil from the suit property. Hence the first defendant is no way connected with the act of the second defendant and thus the suit is liable to be dismissed.