NAGAPPAN @ SAMBANDAM Vs. SUBBAIYAN

JUDGEMENT

(1.) In this second appeal, challenge is made to the judgment and decree dated 27.06.2003, passed in A.S.No.3 of 2000, on the file of the Subordinate Court, Tiruvarur, reversing the judgment and decree dated 29.01.98, passed in O.S.No.301 of 1996, on the file of the District Munsif Court at Thiruthuraipoondi.

(2.) The second appeal has been admitted on the following substantial questions of law:

(3.) Inasmuch as after hearing the counsel for the respective parties and on going through the materials placed on record, I deem it necessary to remit the matter back to the first appellate Court for hearing the appeal afresh as well as the other matters, I refrain from discussing the merits of the case one way or the other as the determination of the same in this appeal would not be in the interest of justice.