NARAYANAN SERVAI Vs. SEENUAMMAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the 1st appellate court in A.S.No.158 of 2000 dated 19.12.2001 in reversing the judgment and decree passed by the trial court made in O.S.No.9 of 1994 dated 31.08.2000 in decreeing the suit.

(2.) THE appellant was the plaintiff and the respondents are the legal representatives of the deceased defendant in the suit filed before the trial court. For convenience, the ranks of parties before the trial court are being maintained infra.

(3.) THE trial court had framed necessary issues on the aforesaid pleadings and had come to the conclusion of decreeing the suit filed by the plaintiff. The aggrieved defendant filed the appeal before the 1st appellate court in A.S.No.158 of 2000 as challenging the judgment and decree passed by the trial court. During the pendency of the said appeal, the defendant died and his legal representatives were impleaded as appellants 2 to 5 in the said appeal and they prosecuted the appeal before the 1st appellate court. The 1st appellate court heard the arguments of both sides and had come to the conclusion of setting aside the judgment and decree passed by the trial court and thereby the suit was dismissed as the appeal was allowed by the 1st appellate court.