AROCKIAPRAKASH Vs. RANGASAMY

JUDGEMENT

(1.) (Civil Miscellaneous Appeal filed under Section Order 43 Rule 1(u) C.P.C. against the decree and judgment dated 28.06.2004 in A.S.No.145 of 2003 on the file of the Principal District Court, Cuddalore against the decree and judgment dated 05.08.2003 in O.S.No.190 of 2002 on the file of the Principal Subordinate Court (Addl. Sub Court-Incharge), Vridhachalam.) This appeal arises against the judgment and decree dated 28.06.2004 in A.S.No.145 of 2003 on the file of the Principal District Court, Cuddalore.

(2.) THE defendant in the suit is the appellant. THE brief facts of the case are as follows:

(3.) PLACING reliance on the decisions of this Court reported in 1968 (2) MLJ 548 (Subramanian and another vs. Kaliammal and others) and 2003 (4) L.W. 873 DB (Subbiah Konar and three others vs. State of Tamilnadu through District Collector, Tirunelveli and another) learned Counsel for the appellant/defendant submitted that the Appellate Court has erred in remanding the suit for fresh disposal and that the Appellate Court itself ought to have decided the matter on its own merits. (i) In Subramanian and another vs. Kaliammal and others reported in 1968 (2) MLJ 548, learned Counsel for the appellant submitted as follows: