RAJABOOPATHI AMMAL Vs. CHINNATHAMBI PADAYACHI

JUDGEMENT

(1.) THE unsuccessful plaintiff before the Courts below is the appellant herein.

(2.) THE plaintiff filed a suit against the defendant in O.S.No.316 of 1987 on the file of the District Munsif Court, Panruti praying the Court to declare that the decree passed on 28.3.1985 in O.S.No.165 of 1985 against the plaintiff and Sembulinga Padayachi in favour of the defendant is not valid in law; in the alternative to allow the plaintiff to defend the case by directing the proceedings in O.S.No.165 of 1985, on the file of the District Munsif Court, Panruti to reopen and to hear the case afresh and finally to issue an order of injunction restraining the defendant from executing the decree in O.S.No. 165 of 1985.

(3.) THE learned counsel appearing for the appellant/ plaintiff would put forth two submissions namely,