E V NAGANATHAN (DIED) Vs. P INDRANI

JUDGEMENT

(1.) The Review Application had been filed in S.A.No.827 of 2002. The Second Appeal arose from O.S.No.82 of 1993 which was on the file of the Sub Court, Ramanathapuram. That suit was decreed. Consequently, the second defendant had filed A.S.No.154 of 1997 which came up for consideration before the learned Additional District Judge cum Judicial Magistrate, Ramanathapuram. The appeal was also dismissed. It must be mentioned that the suit was dismissed on 25.03.1996 and the first appeal was dismissed on 22.06.2000. Challenging the said dismissal, the second defendant filed S.A.No.827 of 2002.

(2.) Parallelly, the first defendant had also challenged the dismissal of the O.S.No.82 of 1993 had independently filed A.S.No.155 of 1996 which also came up for consideration before the Additional District Judge cum Chief Judicial Magistrate, Ramanathapuram. The learned judge had taken up both the first appeals namely A.S.No.154 of 1997 and A.S.No.155 of 1996 together and a common judgment was delivered on 206.2000 dismissing both the appeals.

(3.) The first defendant had challenged the said judgment by filing S.A.No.1549 of 2000. That Second Appeal came up for admission before this Court and it had been admitted and the following substantial questions of law had been framed.