(1.) Being dissatisfied with the judgment and decree dated12.04.2006 and made in O.S. No. 17 of 2004 on the file of theLearned District Judge Nilgiris at Udhagamandalam, thefirst Defendant has come forward with this appeal afterinvoking the proviso to Section 96 of Code of Civil Procedure.
(2.) The facts which are absolutely necessary for the disposal of this appeal may be summarised as under.
(3.) The legal character of the parties to the suit need not be changed and may be as it is in the suit.