JUDGMENT

(Prayer: This Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and decree dated 28.11.1997 made in A.S.No.62 of 1996 on the file of the Principal District Judge at Pondicherry confirming the Judgment and decree dated 13.02.1996 made in O.S.No.196 of 1993 on the file of the I Additional Sub Judge at Pondicherry.

This Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and decree dated 28.11.1997 made in A.S.No.11 of 1997 on the file of the Principal District Judge at Pondicherry setting aside the Judgment and decree dated 13.02.1996 made in O.S.No.196 of 1993 on the file of the I Additional Sub Judge at Pondicherry.)

Common Judjment

1. The plaintiff in O.S.No.196 of 1993 on the file of the I Additional Sub Court at Pondicherry, is the appellant in both the Second Appeals.

2. The suit in O.S.No.196 of 1993 had been filed by the plaintiff seeking partition and allotment of 1/3rd share in the suit property and also for a declaration that a preliminary decree passed in an earlier suit in O.S.No.5 of 1981, dated 30.06.1982 vide order in S.A.No.1914 of 1996, dated 23.08.1996 and the final decree passed on