SUNDARAMOORTHY @ MANICKA SUNDARAM Vs. SELVARAJAN

JUDGEMENT

(1.) The fourth and fifth defendants in O.S.No. 652 of 1995 on the file of the Principal Sub Court, Erode, are the appellants herein.

(2.) O.S.No. 652 of 1995 had been filed by the plaintiff Selvarajan against six defendants, Subramaniam, Dharmasivam, Muthu @ Jaganathan, Sundaramoorthy @ Manicka Sundaram, Raja @ Rajamanickam and Sengottan seeking a Judgment and Decree directing division of the suit properties into two equal shares after fixing the boundaries of the suit properties and allot the northern portion in each item to the plaintiff and put him in separate possession and to effect the division as aforesaid by a Commissioner appointed by the Court and also for costs of the suit.

(3.) By Judgment dated 25.03.1999, the learned Principal Sub Judge, Erode, dismissed the suit. Thereafter, the plaintiff filed A.S.No. 138 of 1999 before the Principal District Court, Erode. The plaintiff who was the appellant also filed I.A.No. 383 of 1999 under Order 41 Rule 27 Civil Procedure Code to file additional documents. By Judgment dated 30.11.1999, the learned Principal District Judge, Erode, allowed the Appeal and decreed the suit. I.A.No. 383 of 1999 was also allowed and additional documents were marked on the side of the plaintiff / appellant. Challenging that Judgment, the third and fourth defendants Sundaramoorthy @ Manicka Sundaram and Raja @ Rajamanickam have filed the present Second Appeal.