T SUBRAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE present second appeal has been filed by the plaintiff/appellant herein as against the judgment and decree passed by the learned first appellate Court in A.S.No.158 of 2003, dated 01.03.2005, whereby the judgment and decree passed by the learned trail Court in O.S.No.7303 of 1996, dated 11.10.2002, was reversed.

(2.) BRIEF facts leading to the filing of the second appeal are given as under:-

(3.) THE learned trail Judge, on appreciation of evidence produced by both sides, came to the conclusion that the second defendant did not apply his mind in passing the order of detention and that the defendants 2 and 3 have not placed any evidence to show that their action was bonafide and on that basis, the suit was decreed as prayed for. Aggrieved by the same, when an appeal was filed, the learned first appellate Court reversed the judgment and decree passed by the learned trial Court holding that the suit is barred by limitation under Article 73 of the Limitation Act, 1963. As against that, the present second appeal has been filed by the plaintiff.