JUDGMENT :

(Prayer: The Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree dated 04.04.1997 made in A.S.No.223 of 1992, on the file of the Principal Subordinate Judges Court, Coimbatore remanding the Judgment and decree dated 09.04.1992 made in I.A.No.321 of 1997 in O.S.No.1860 of 1967 on the file of the III Additional District Munsif Court at Coimbatore.)

1. Even though, three Second Appeals have been put up for consideration before this Court, let me address the issues in S.A.No.19 of 2000 separately.

2. This Second Appeal, emanates from an Interlocutory Order in I.A.No.321 of 1977, which had been filed in O.S.No.1860 of 1967.

3. Questioning the order in I.A.No.321 of 1977, A.S.No.223 of 1992 had been filed and thereafter, the present Second Appeal had been filed.

4. The above narration would raise a doubt whether the Second Appeal should have been filed or a Civil Miscellaneous Second Appeal should have been filed. The office had also raised that particular objection.

5. The learned counsel for the appellants however answered the objection, by placing reliance on a Judgment of a learned Single Judge reported in 1998 (2) CTC 218 [R.Mar