KALIYAMMAL Vs. GANAPATHI AND ORS.

JUDGEMENT

(1.) After the second appeal came to be disposed of by a judgment dated 08.04.2015, the legal heirs of the respondent/defendant in the second appeal filed Review Application (MD) No. 171 of 2015 on the ground that the first respondent herein i.e., Ganapathi passed away even prior to the date of hearing of the second appeal and it was not brought to the notice of the Court, since the counsel herself was not aware of the said fact. As such a technical plea was taken in the review application, the appellant did not raise objection for reviewing the judgment on the above said ground. Accordingly, the review application was allowed by order dated 21.12.2015 and the second appeal stands listed today for hearing.

(2.) Today, Mr. N. Balakrishnan, learned counsel for the appellant and Mrs. N. Krishnaveni, learned counsel for the respondents are present. After perusing the judgments of the Courts below and the records produced in the form of typed set of papers, the following substantial questions of law are formulated on the basis of which the arguments are to be heard:

(3.) After hearing Mr. N. Balakrishnan, learned counsel appearing for the appellant and Mrs. N. Krishnaveni, learned counsel appearing for the respondents and upon perusing the copies of the judgments of the Courts below and the connected records produced in the form of typed set of papers, this Court pronounces the following judgment.