K.T.Sankaran, J.

1. The Regular Second Appeal as well as the First Appeal against Order arise out of the same judgment and decree, dated 19.11.2004, in A.S.No.166of 2003, on the file of the Court of the Additional District Judge, North Paravur. Since the appellate court has rendered a finding that the plaintiff is entitled to get damages and also that the second defendant is liable to pay the damages, by way of abundant caution, the appellant/second defendant has filed the Second Appeal though the appellate court had remanded the case to the trial court for fresh consideration in respect of quantum of damages. Since a remand was made, the appellant/second defendant has filed F.A.O.No. 308 of 2004. Notice was ordered on the substantial questions of law formulated in the Memorandum of Regular Second Appeal. The same questions of law as raised in the R.S.A. have been raised in the F.A.O. as well.

2. The appellant is the second defendant in O.S. 274 of 2000, on the file of the court of the Munsiff, Aluva, filed by the first respondent O.V. Joseph. Defendants 1 and 3 are State of Kerala and Bar Council of Kerala respectively. The suit was filed by O.V. Joseph, who is an advocate p