A. KRISHNAN Vs. A. PONNAIYAN

JUDGEMENT

(1.) The above Second Appeal arises against the judgment and decree passed in A.S.No.44 of 1999 on the file of Principal District Court, Coimbatore, reversing the judgment and decree passed in O.S.No.359/1997 on the file of II Additional Subordinate Court, Coimbatore. The appellants 3 to 11 are the legal representatives of the deceased defendants 1 and 2. The first respondent is the plaintiff and the respondents 2 and 3 were the defendants 3 and 4.

(2.) Civil Revision Petition has been filed under Sec.115 of the Civil Procedure Code, challenging the judgment and decree passed by the Courts below for the reason that the value of the Appeal and the Suit is less than Rs.25,000/ -. The petitioner was the plaintiff in the suit and the respondents 3 to 11 are the legal representatives of the deceased defendants. Since the issues, involved in both these matters are inter -connected, both the matters are disposed of by this Common Judgment.

(3.) The brief case of the plaintiff, that are necessary for the disposal of the Second Appeal and the Civil Revision Petition, are as follows: