D SELLAMUTHU Vs. K N VENKATACHALAM

JUDGEMENT

(1.) THE Appellant/Defendant has preferred this present Second Appeal as against the Judgment and Decree dated 21.01.1999 in A.S.No.60 of 1998 passed by the Learned Subordinate Judge, Gobichettipalayam, in reversing the Judgment and Decree dated 25.09.1998 in O.S.No.705 of 1995 passed by the Learned District Munsif, Gobichettipalayam.

(2.) THE 1st Appellate Court, while delivering the Judgment in A.S.No.60 of 1998 on 21.01.1999 has, among other things mentioned that Ex.A.1 pro note dated 15.04.1994 has been proved to be a true document on the side of the Respondent/Plaintiff and accordingly, granted the decree in the main suit, allowing the Appeal, thereby, setting aside the Judgment and Decree of the trial Court with costs.

(3.) AT the time of Admission of the Second Appeal, this Court has formulated the following substantial question of Law: ?'Whether the findings of the Appellate Court that the Plaintiff is entitled to recover the amount on the original cause of action are vitiated by perversity??