Advocates:
['M/S R SUBRAMANIAN', '', 'M SUDHAKAR', 'M/S S JAGANATHAN', '', 'R MUTHUKRISHNAN', 'J KALIDAS']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2010

CORAM

THE HONOURABLE MR.JUSTICE B. RAJENDRAN

C.M.A. No. 449 of 2007

D.P.Singaram

.. Appellant/Plaintiff

Versus

S. Churchill

.. Respondent/Defendent

Appeal filed under Section Order 41 Rule 1 (u) of CPC

against the order passed in A.S.No.17/2005, dated 30.06.2006, on

the file of the Subordinate Judge, Dharmapuri against the Decree

of the court of the District Munsif Dharmapuri, dated 30.11.2004

made in O.S.No.47/2004.

For appellant

:

Mr. R. Subramanian

For respondent

: Mr. S. Jaganathan

JUDGMENT

This Civil Miscellaneous Appeal arises against the order of

remand passed by the First Appellate Court in A.S. No. 17 of

2005 remanding the suit filed by the plaintiff/appellant herein

in O.S. No. 47 of 2004 to the trial court for fresh

consideration.

2. The suit was filed by the plaintiff/appellant for

recovery of money based on a promisory note. The main

contention and grievance of the Plaintiff/appellant is that the

First Appellate Court has remanded the matter in a routine

manner without even an application filed by the

defendant/respondent for sending t