GNANAVEL Vs. VELU

JUDGEMENT

(1.) This Second Appeal was admitted by this Court on 26/8/2021 by formulating the following Substantial Questions of Law:

(2.) The Appellant is the Defendant in the Suit. The Respondent is the Plaintiff. The Suit O.S. No.56 of 2013 was filed by the Respondent against the Appellant on the file of the Principal District Munsif Court, Udumalpet, seeking for declaration and injunction. The Respondent sought to declare that he is the absolute Owner of the Suit Schedule properties which comprises of two items. The Appellant remained ex parte in the said Suit. The Trial Court by its Judgment and Decree, dtd. 28/11/2013 passed in O.S. No.56 of 2013 dismissed the Suit filed by the Respondent on the ground that he has not proved his title over the Suit Schedule properties. Aggrieved by the same, the Respondent preferred First Appeal in A.S. No.83 of 2018 before the Sub-Court, Udumalpet.

(3.) In the First Appeal, the Appellant entered appearance though he had remained ex parte before the Trial Court. The Respondent filed an Application under Order 41, Rule 27, C.P.C., seeking leave of the Lower Appellate Court for receiving additional documents viz.,-