JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 30.08.1995 passed in A.S.No. 58 of 1994 on the file of the Subordinate Judge Court, Poonamallee, which reversed the Judgment and Decree dated 29.04.1994 passed in O.S. No. 1918 of 1993 on the file of the District Munsif Court, Tambaram.)

1. The plaintiff in O.S.No. 1918 of 1993 on the file of the District Munsif Court at Tambaram is the appellant herein. The said suit was decreed by Judgment dated 29.04.1994. Thereafter, the defendants filed A.S.No. 58 of 1994 which came up for consideration before the Sub Court at Poonamallee. By Judgment dated 30.08.1995, the appeal suit was allowed. This has necessitated the plaintiff to file the present Second Appeal.

2. The Second Appeal along with batch of other Second Appeals had been admitted on 27.11.1997 on the following two substantial questions of law:-

"i) Whether the First Appellate Court was right and justified in law in admitting and relying on the additional evidence without affording an opportunity to the appellants to rebut and that too without examining whether the requirements of Order 41 Rule 27 of the C