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2022 Supreme(Mad) 688

C.V.KARTHIKEYAN
B. Subatra – Appellant
Versus
Director Primary Educational Department Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N. Damodaran, Advocate.
For the Respondent:E. Indhumathi, Government Advocate, M. Vaidhyanathan, Advocate.

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 30.10.2000 made in A.S.No. 17 of 2000 on the file of the Subordinate Judge, Tirupur, in confirming the Judgment and Decree dated 21.03.2000 and made in O.S.No. 226 of 1997 on the file of the District Munsif Court, Tirupur.)

1. The plaintiff B.Subatra in O.S.No. 226 of 1997 on the file of the District Munsif Court at Tirupur is the appellant herein.

2. The said suit had been filed by the plaintiff B.Subatra, seeking a declaration that she is the only legally wedded wife of Balasubramanian and for a permanent injunction restraining anybody else from receiving the death benefits of the said Balasubramanian from the office of the 1st to 5th defendants/Education Department. The said suit was dismissed by Judgement dated 21.03.2000.

3. The plaintiff then filed the First Appeal in A.S.No. 17 of 2000 before the Sub Court at Tirupur. The said Appeal suit was also dismissed by Judgment dated 30.10.2000. She then preferred the present Second Appeal.

4. The Second Appeal had been admitted on the following three substantial questions of law:-

    “1. Whether the Courts below er

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