1. This second appeal is focussed by the defendants, animadverting upon the judgement and decree dated 24.07.2009 passed by the learned II Additional District Judge, Pondicherry in A.S.No.3 of 2009 reversing the judgment and decree dated 28.11.2008 passed by the learned Subordinate Judge, Mahe in O.S.No.44 of 2006.

2. The parties are referred to here under according to their litigative status and ranking before the trial Court.

3. Heard both sides.

4. The factual matrix would run thus:

a)The respondent/ plaintiff filed the suit O.S.No.44 of 2006 seeking the following reliefs: - to direct the defendants jointly or severally to pay Rs.90,000/- with interest as compensation for damages to the plaintiff and - for costs

(extracted as such)

b) Written statement was filed by the defendants resisting the suit.

c) Whereupon issues were framed. On the side of the plaintiff, the plaintiff examined himself as PW1 along with P.Ws.2 to 5 and marked Exs.A1 to A4. The first defendant examined himself as DW1 and marked Exs.B1 to B6.

d) Ultimately the trial court dismissed the suit. As against which, appeal was filed.

Whereupon, the first appellate court reversed the judgment and decree of