N. KALIAMOORTHY Vs. VAIRAVAN CHETTIAR

JUDGEMENT

(1.) This memorandum of second appeal has been directed against the judgment and decree, dated 14.9.1998 and made in A.S. No. 69 of 1999 on the file of the learned Subordinate Judge, Mayiladuthurai reversing the judgment and decree, dated 27.2.1998 and made in O.S. No. 57 of 1985 on the file of the learned District Munsif, Sirkali. The appellant herein is the defendant in the suit, whereas the respondent is the plaintiff.

(2.) During the pendency of the second appeal, the appellant had passed away. Therefore, the appellants 2 to 4 have been brought on record as the legal representatives of the deceased appellant in view of the order of this Court, dated 29.11.2011 and made in C.M.P. Nos. 732 to 735 of 2011.

(3.) For easy reference and also for the sake of convenience, the respondent may hereinafter be referred to as the plaintiff, whereas the appellant be referred to as the defendant, wherever the context so require.