S.SARAVANAMUTHU Vs. THIRUTHANI ARULMIGHU MURUGAL

JUDGEMENT

(1.) THIS Second appeal is focussed by the defendants animadverting upon the judgment and decree dated 23.11.2011 passed in A.S.No.287 of 2011 by the IV Additional City Civil Court, Chennai, reversing the judgment and decree of the XVI Assistant City Civil Court, Chennai in I.A.No.3667 of 2011 in O.S.No.12958 of 2010.

(2.) THE parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(3.) THE defendants filed the written statement resisting the suit, and an application under Order 7 Rule 11 of CPC for rejection of plaint was also filed by them. The lower Court after giving markings to the documents filed on the side of the plaintiffs and the defendants, allowed the application under Order 7 Rule 11 of CPC and rejected the plaint; whereupon the plaintiffs preferred the appeal. The appellate Court reversed the order of the lower Court and mandated that the suit should be proceeded with, as per law.