NANJAPPA GOUNDER Vs. GANAPATHY APPAN

JUDGEMENT

(1.) SECOND Appeal filed under Section 100 of Civil Procedure Code of second appeal against the Judgment and Decree dated 31.12.1997, made in A.S.No,84 of 1994 on the file of the Court of I Additional District Judge cum-Chief Judicial Magistrate, Coimbatore reversing the Judgment and Decree dated 09.02.1994 made in O.S.No,874 of 1989 on the file of the Court of III Additional District Munsif, Coimbatore.

(2.) THE suit was filed seeking partition of the suit property into three equal shares by metes and bounds and to allot one such share to the plaintiff.

(3.) LATER on, the first defendant filed a separate written statement wherein she has alleged that the written statement originally prepared in the office of the counsel engaged by the third defendant was not read over to her. Alleging that many contradictory averments and allegations have been made in the written statement filed by the third defendant, she would contend in the separate written statement filed by her that she is entitled to one-third share in the suit property.