S GANESH Vs. N A S ANSARI

JUDGEMENT

(1.) The Appellant/Plaintiff (during his life time) has focused the present Second Appeal as against the Judgment and Decree dated 25.04.2001 in A.S.No.12 of 1998 passed by the Learned Principal District Judge, Cuddalore in reversing the Judgment and Decree dated 23.12.1997 in O.S.No.24 of 1996 passed by the Learned Sub Judge, Chidambaram.

(2.) During the pendency of Second Appeal, the Appellant/Plaintiff expired and as such Appellants 2 to 5 have been brought on record as his legal heirs.

(3.) The First Appellate Court viz., the Learned Principal District Judge, Cuddalore, while allowing the Appeal Suit No.12 of 1998 on 25.04.2001 in the Judgment has among other things observed that "the Appellant/ Plaintiff (deceased) has failed to produce the document for money lending and that there was no reason for withholding the same and has come to the consequent conclusion that he has no means to advance the amount to the Respondents/Appellants (Defendants) and allowed the appeal with costs by setting aside the Judgment and Decree of the trial Court in O.S.No.24 of 1996 dated 23.12.1997 and dismissed the suit with costs.