R.ARUMUGAM Vs. PR.PALANISAMY

JUDGEMENT

(1.) The second defendant in the original suit is the appellant in the second appeal. Plaintiff in the original suit O.S.No.322 of 2007 on the file of the Subordinate Judge, Tiruppur, is the first respondent herein and the first defendant in the original suit is the second respondent in the second appeal. The suit was filed by the first respondent PR.Palanisamy against the appellant herein and the second respondent:

(2.) After service of summons in the original suit, the appellant herein/second defendant entered appearance and filed an Interlocutory Application I.A.No.1215/2007 under Order VII Rule 11 CPC praying for the rejection of the plaint. The learned Subordinate Judge, Tiruppur, after hearing, allowed the said petition and rejected the plaint by his order dated 31.10.2007. As the rejection of the plaint under Order VII Rule 11 CPC is deemed to be a decree, the first respondent/plaintiff filed an appeal in A.S.No.163/2007 on the file of the Principal District Judge, Coimbatore. The learned Principal District Judge, Coimbatore, by judgment and decree dated 16.06.2009, allowed the appeal, set aside the order of the trial court and dismissed I.A.No.1215/2007 with a consequent direction to the trial court to restore the suit on file, frame issues and dispose of the suit in accordance with law. The said judgment and the decree of the lower appellate court dated 16.06.2009 are challenged in the present second appeal on various grounds set out in the Memorandum of Grounds of second appeal.

(3.) The facts leading to the filing of the second appeal are as follows: