P RATHINASABAPATHY Vs. P ANNAMALAI

JUDGEMENT

(1.) THE Appellant, (Legal Representative of the First Defendant before the First Appellate Court), has projected this instant Second Appeal as against the Judgment and Decree dated 28.01.1994 in A.S.No.72 of 1986 passed by the learned Sub - Judge, Kancheepuram in affirming the Judgment and Decree made in O.S.No. 397 of 1983 dated 24.07.1986 passed by the Learned District Munsif, Kancheepuram.

(2.) THE First Appellate Court viz., the Learned Sub Judge, Kancheepuram, while delivering the Judgment in A.S.No.72 of 1986 dated 28.01.1994, has, among other things, observed that the Appellant's father, viz., deceased First Defendant, has not been examined before the trial Court as a witness and also opined that it has not been proved that the suit amount has not been obtained for the purpose of partnership business and moreover PW1, in his evidence, has deposed that he has lent the suit amount and accordingly, proved Ex.A1-Receipt dated 02.06.1980, and resultantly, dismissed the Appeal with costs, thereby confirming the Judgment and Decree passed by the trial Court in O.S.No. 397 of 1983.

(3.) THE Appellant (Legal Representative of the First Defendant) as an aggrieved person, against the Judgment and Decree of the First Appellate Court in A.S.No.72 of 1986 dated 28.01.1994, has preferred the Second Appeal before this Court.