1. The above Second Appeal arises against the Judgment and Decree passed in A.S. No. 40 of 2010 on the file of I Additional District Court, Coimbatore, reversing the fair and final order passed in I.A. No. 1686 of 2009 in O.S. No. 291 of 2009 on the file of Principal Subordinate Court, Tirupur.

2. The first defendant is the appellant and the respondent is the plaintiff. The plaintiff filed a suit in O.S. No. 291 of 2009 for Mandatory Injunction, Declaration and Permanent Injunction.

3. In the suit, the first defendant filed an application in I.A. No. 1686 of 2009 under Order 7 Rule 11 of Civil Procedure Code to reject the pliant. After contest, the trial Court allowed the application and rejected the plaint. Aggrieved over the same, the plaintiff preferred an appeal in A.S. No. 40/2010 and the lower Appellate Court reversed the order passed by the trial Court and allowed the appeal. Against the judgment and decree passed in A.S. No. 40/2010, the first defendant has filed the above Second Appeal.

4. The Writ petition in W.P. No. 23083 of 2011 has been filed by the first defendant in the Suit to issue a Writ of Certiorarified Mandamus to call for the records of the first respo