KUNJAMMAL ALIAS P J ALEYAMMA Vs. MARIAMMAL IYPE

JUDGEMENT

(1.) THE plaintiff, who is the unsuccessful before the two courts below is the appellant in this second appeal. Heard Ms. Chitra Sampath, for Mr. T.R. Rajaraman, learned counsel appearing for the appellant and Mr. N.V. Venkataseshan, learned counsel appearing for the respondents.

(2.) IN the nature of disposal which this Court, in exercise of its inherent jurisdiction proposes to pass, it is not necessary to set out the details of pleadings relating to the case and counter case of the parties. For convenience, the parties will be referred as arrayed before the trial court.

(3.) APART from the above substantial questions of law framed at the time of admission, Ms.Chitra Sampath, learned counsel for the appellant raised a substantial question which goes to the root of the first appellate court judgment and according to the learned counsel, the judgment of the first appellate court being biased is a nullity and, therefore, the matter has to be remitted back at the first appellate court for de novo consideration. The learned counsel raised the additional question of law and argued the following substantial question of law at the hearing:- " Whether the lower appellate court is biased? Whether the judgment of the first appellate court is vitiated by bias and is a nullity? Whether the ground of bias is made out? Whether the appeal has to be remitted be set aside and the matter has to be remitted back to the first appellate court?