36. The appellant placed a judgment of the High Court of Madras in
Backiam Vs. Rm.Subramaniam. The facts in the aforesaid case law are a
suit for partition filed by the plaintiff was dismissed and the plaintiff therein filed
an appeal. Here the defendant Nos.1 and 2 filed an appeal vide A.S.No.2467
8
(1994) 1 SCC
9
(2019) 14 Supreme Court Cases 449
10
2002 (5) JT 69
VGKR, J.