IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:19.04.2012

CORAM

THE HONOURABLE MR. JUSTICE S.TAMILVANAN

Second Appeal No.1283 of 2011

& M.P.No.1 of 2011

M.Sekar

... Appellant / Defendant

vs.

P.Madeshwaran

... Respondent / Plaintiff

This Second Appeal is preferred under Section 100 CPC against the

judgment and decree in A.S.No.6 of 2010 dated 15.03.2011 on the file

of the Principal District Judge, Namakkal, confirming the judgment

and decree made in the suit in O.S.No.429 of 2000 dated 10.12.2009 on

the file of the Sub Judge, Namakkal.

For Appellant : M/s.T.Dhanyakumar

For Respondent : Mr.P.Valliappan

J U D G M E N T

The Second Appeal has been preferred challenging the judgment and

decree passed in A.S.No.6 of 2010 dated 15.03.2011 on the file of the

Principal District Judge, Namakkal, confirming the judgment and

decree made in the suit in O.S.No.429 of 2000 dated 10.12.2009 on the

file of the Sub Judge, Namakkal.

2.It is seen that the appellant/defendant has raised the

following Substantial Questions of Law for consideration of this

Second Appeal:

"a. Whether the plaintiff has established his readiness and

willingness specifically to perform