SARASWATHI Vs. THAYAMMAL

JUDGEMENT

(1.) THIS second appeal is focussed by the defendants 4 and 5, animadverting upon the judgment and decree dated 03.02.2009 passed by the learned Principal District Judge, Erode in A.S.No.42 of 2008 confirming the judgment and decree dated 13.02.2008 passed by the learned Principal Subordinate Judge, Erode in O.S.No.269 of 2006.

(2.) THE parties are referred to here under according to their litigative status and ranking before the trial Court.

(3.) CHALLENGING and impugning the judgments of both the courts below, this second appeal has been focussed on various grounds inter alia to the effect that the lower appellate court was not right in holding that the proper remedy for the appellants was only to file an application to get the exparte decree set aside; but they did not do so and with that finding the first appellate court simply dismissed the appeal. Even the application filed under Order 41 Rule 27 of CPC was dismissed.