ZAFURULLAH BASHA Vs. VIJAYA CONSTRUCTIONS

JUDGEMENT

(1.) THIS second appeal is focussed by the first defendant in the original suit, animadverting upon the dismissal of A.S.No.35 of 2006 on 20.11.2007 by the Principal District Judge, Trivellore, confirming the judgment and decree of the learned Subordinate Judge, Poonamallee in O.S.No.410 of 1996. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) THE epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus: (a) THE plaintiff filed the suit seeking the following reliefs as against three defendants, of whom one is the Sub Registrar, Ambattur:

(3.) AFTER hearing both sides, I have been of the considered view that the following substantial questions of law should be framed: (1) Whether the Courts below were justified in not granting opportunity to D1 to cross examine P.W.1 and also adduce evidence and that too in a suit for specific performance and also in view of the fact that D2 did not contest the matter after filing the written statement? (2) Whether there is any perversity or illegality in the findings rendered by the first appellate Court?