THANGARASU Vs. ARUMUGAM

JUDGEMENT

(1.) The Appellant/Plaintiff has projected the present Second Appeal adverting upon the Judgment and Decree dated 18.09.1998 in A.S.No.32 of 1998 passed by the Learned Principal District Judge, Cuddalore.

(2.) The First Appellate court, viz. the Learned Principal District Judge, Cuddalore, while passing the Judgment in A.S.No.32 of 1998 on 18.09.1998 has opined that "there is inconsistency between the evidences of P.Ws.1 to 4 and that they have not discharged their initial burden of proving execution of Suit Pronote, etc. and in regard to the evidence of D.Ws.2 and 3, it is observed that they only speak of not indicating no means of Plaintiff, etc. and consequently dismissed the Appeal with costs.

(3.) Before the trial Court, in the main suit, 1 to 5 issues have been framed for determination. On behalf of the Appellant/Plaintiff, witnesses P.Ws.1 to 4 have been examined and Exs.A1 to A16 have been marked. On the side of the Respondent/Defendant, witnesses D.Ws.1 to 3 have been examined and Exs.B1 to B8 have been marked.