JUDGMENT :

The second appeal is directed against the concurrent Judgments and decrees, passed in O.S.No.689 of 2003 by the Principal Subordinate Court, Dindigul and in A.S.No.22 of 2012, passed by the Additional District Court, Dindigul.

2. For the sake of convenience, the parties are referred to herein, as per their own ranking as before the Trial Court.

3. The appellant herein as plaintiff has instituted a suit in O.S.No.689 of 2003, on the file of the trial Court for declaration, permanent injunction and mandatory injunction, wherein, the respondents have been shown as the defendants.

4. In the plaint, it is averred that the son of the plaintiff Sakthivel has already filed an insolvency petition against the defendants and others in I.P.No.1 of 2002, on the file of the Subordinate Court, Dindigul, and the said insolvency petition is still pending for enquiry. Due to money transactions between the plaintiff's son and defendants, there exists a strong enmity. Therefore, on 07.08.2002 at about 7.30 p.m., the defendants along with three strangers came in a Ambassador Car, waylaid the plaintiff who was riding Hero Honda Motor Bike with one Raju as a pillion rider near Old Society at Sriramapuram and kidnapped the plaintiff in the Car and manhandled him. Pillion rider Raju who witnessed the incident was threatened with dire consequences by the defendants. After snatching a sum of Rs.10,000/- from the plaintiff, he was threatened to affix his signatures and Left Thumb Impression in many blank papers and stamp papers and he was thrown out from the Car at 3.00 p.m. on 08.02.2002 with severe warnings that if the plaintiff's son failed to withdraw the insolvency petition, he would be murdered. On 08.02.2002, the plaintiff lodged a complaint with Police and sent telegrams to the Police Higher Officials narrating the incident. Further on 08.02.2002, the plaintiff published a notice in Daily Thanthi warning the defendants and others to desist from using blank papers and stamp papers containing signatures and Left Thumb Impressions of the plaintiff by forging instruments thereon. The plaintiff apprehends that the defendants would manipulate the instruments on the blank papers and stamp papers bearing his Left Thumb Impression and signatures and initiate legal action against him and his properties on the basis of such forged instruments. Hence, the suit.

5. In the written statement filed on the side of the defendants, it is averred that the plaintiff has filed the suit only to defraud the defendants and to avoid payments payable by his son to the defendants. In order to defraud and cheat the debts due to the defendants, the plaintiff's son Sakthivel preferred an insolvency petition in I.A.No.1 of 2002, on the file of the Subordinate Court, Dindigul, showing the defendants as creditors along with number of other bogus creditors just to fulfil his intention. The plaintiff and his son criminally conceived a plan to avoid the defendants from appearing in Courts to pursue the insolvency proceedings. The defendants have lodged a complaint before Oddanchatram Police Station, but no action was taken. On the other hand, the Police entertained a false complaint preferred by the plaintiff and his son and continuously harassed the defendants. The defendants have not obtained plaintiff's signatures or Left Thumb Impression in stamp papers and blank papers as alleged by the plaintiff. These defendants do not possess any such documents. There is no necessity for the defendants to obtain such document by coercion to use them as against the plaintiff. There is no cause of action for filing the suit and the suit is liable to be dismissed with costs.

6. Before the trial Court, on the side of the plaintiff, the plaintiff examined himself as P.W.1 and one Karuppannan was examined as P.W.2 and Exs.A1 to A14 were marked. On the side of the defendants, second defendant namely, Karthigaivel was examined as D.W.1 and no documents were marked.

7. On the basis of the rival p