(1.) THIS appeal is directed against the judgment and decree dated 23.12.2003 passed by the first appellate court in A.S.No.41 of 2003 in reversing the judgment and decree dated 31.03.2003 passed by the trial court made in O.S.No.375 of 1998 in dismissing the suit.
(2.) THE appellant herein was the second defendant; the first respondent was the plaintiff and the respondents 2 and 3 were the defendants 1 and 3 before the trial court. The second defendant/appellant remained exparte before the trial court.
(3.) THE trial court after framing necessary issues entered trial. After appraising the evidence adduced on either side, the trial court had come to the conclusion of dismissing the suit without costs. The aggrieved plaintiff had filed an appeal before the first appellate court in A.S.No.41 of 2003 against the judgment and decree passed by the trial court. The first appellate court had heard the arguments advanced on either side and had come to the conclusion of reversing the judgment and decree of the trial court and thus, decreed the suit.