High Court of Judicature at Madras allowed the Second Appeal filed by the plaintiff and the concurrent judgments of the Trial Court and the Sub-Judge dismissing the suit of the plaintiff were set aside and the suit was decreed – Allowing appeal, Supreme Court held: the impugned judgment cannot be sustained as it not only does not conform to the scope of Section 100 of the Code of Civil Procedure, 1908 but also as it was perverse on appreciated evidence, and also ignoring material evidence.
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