VAZHAPADI TEXTILES P LTD Vs. DURAI

JUDGEMENT

(1.) BOTH the counsel insisted for the early disposal of the appeal, as the question involved is the jurisdiction of the civil court. Hence the appeal itself is taken up for final disposal.

(2.) RESPONDENTS 1 to 3 filed the suit O. S. No. 450 of 1993 for declaration that the document dated 10. 10. 91 purported to have been executed by the second plaintiff is illegal and void and not binding on the plaintiffs and for other consequential reliefs.

(3.) AT the outset the appeal can be dismissed on the short ground the first plaintiff and the first defendant cannot jointly file the appeal. The first plaintiff cannot be said to be an aggrieved person against the finding of the lower appellate court. The first plaintiff has filed the suit and contended before the trial court along with the other plaintiffs that the civil court has jurisdiction. It is not clear as to how the first plaintiff has been included as the appellant in this appeal.