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C.V.KARTHIKEYAN
M. Mallika – Appellant
Versus
Kasi Pillai – Respondent


Counsel for the Parties:
For the Appellant:Mr. M. Chidambaram, Advocates
For the Respondent:Mr. S. Sarath Chandran, Advocates, M/s. K.M. Vijayan Associates

JUDGMENT

C.V. Karthikeyan, J.—The plaintiff in O.S. No. 206 of 2010 on the file of the District Munsif Court, Sholinghur, is the appellant herein.

2. O.S. No. 206 of 2010 had been filed by the plaintiff Mallika against the defendant Kasi Pillai seeking a decree against the defendant for a sum of Rs.60,200/- together with interest at the rate of 24% p.a., on Rs.35,000/- from the date of the suit till date of decree and at the rate of 6% p.a., thereafter till the date of realisation and for costs of the suit.

3. This suit came up for consideration before the District Munsif Court, Sholinghur and by Judgment dated 27.06.2011, the suit was decreed.

4. Thereafter the defendant Kasi Pillai filed A.S.No. 22 of 2012 before the Sub Court, Ranipet, which was subsequently transferred to Sub Court, Arakkonam and renumbered as A.S.No. 78 of 2014. By Judgment dated 27.08.2014, the Appeal Suit was allowed and O.S.No. 206 of 2010 was dismissed.

5. Challenging that Judgment and Decree, the plaintiff had filed the present Second Appeal. The Second Appeal had been admitted on the following two substantial questions of law:—

“1. Whether the First Appellate Court correctly appreciated Sections 72 and 7

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