V BALAN @ BALASUBRAMANIAM Vs. A D RAMASAMY

JUDGEMENT

(1.) The above Second Appeal is filed challenging the concurrent judgment and decree passed in O.S.No.1179 of 1990 on the file of the Learned II Additional Subordinate Judge, Coimbatore and confirmed by the Learned Principal District Judge, Coimbatore in A.S.No.209 of 1997.

(2.) The plaintiff is the appellant before this Court. The facts in brief are as follows:

(3.) Thereafter, the appellant had preferred the Special Leave Application which was also dismissed. Thereafter, the appellant had filed an application I.A.No.6 of 1989 to withdraw O.S.No.543 of 1983 with a liberty to file a fresh suit for the same cause of action. The application was once again dismissed by the trial Court and in the revision filed in C.R.P.No.2181 of 1989, this Court was pleased to grant the request and thereafter the appellant had filed the suit which is the subject matter of the present Second Appeal.