JUDGMENT

Dr. Arijit Pasayat, J. — Challenge in this Appeal is to the judgment rendered by a learned Single Judge of the Madras High Court allowing the second appeal filed by the respondents under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘Code’). Respondents are the legal representatives of the original plaintiff.

2. According to the plaintiff, the suit properties originally belonged to one Chelliah Nadar, he had purchased the suit properties under sale deed Ex.A1 dated 26.2.1973, the defendants 1 to 3 fraudulently created a conveyance deed in their favour the defendants had earlier instituted O.S. No. 298 of 1973 on the file of the District Munsif Court, Srivaikuntam, the defendants obtained orders of injunction and managed to enter into the suit properties; the defendants have no right whatsoever, the suit O.S. No. 298 of 1973 was dismissed after contest, in appeal , the first appellate Court decreed the suit in favour of the plaintiffs in the said suit, present plaintiff preferred Second Appeal, No. 8 of 1977, pending the said Second Appeal, said suit was permitted to be withdrawn i.e. suit O.S. No.298 of 1973 but without liberty to file a fresh suit o