JUDGMENT :

P.B. BALAJI, J.

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the Judgment and Decree dated 20.01.2017 in A.S. No. 16 of 2015 on the file of the learned Subordinate Judge, Mannargudi confirming the Judgment and Decree dated 20.03.2015 in O.S. No. 88 of 2014 on the file of the learned District Munsif, Mannargudi.

1. The defendant in a suit for redemption of mortgage is the appellant.

2. The parties are described as per their litigative status before the trial Court.

3. The admitted facts are as hereunder.

4. The plaintiffs filed a suit for recovery of possession of a mortgaged property. It is the case of the plaintiffs that they had earlier filed a suit in O.S. No. 186 of 2008 and pending the suit, an Application was taken out, seeking leave of the Court under Order 23 Rule 1 CPC, to file a fresh suit on the same cause of action, as the plaintiffs felt that the pleading in the earlier suit was incomplete.

5. The said Application for leave to file a fresh suit on the same cause of action was finally decided by this Court in C.R.P. No. 1214 of 2010 and this Court, by order dated 22.11.2013, permitted the plaintiffs to withdraw the said s