V. RAMKUMAR J

1. In this intra-court appeal filed under Section 5 of the Kerala High Court Act, 1958, the appellant who was the plaintiff in O.S.No.237/1984 on the file of the Subordinate Judge’s Court, Kottayam challenges the judgment and decree dated 03.02.1997 passed by a learned Single Judge of this Court in A.S.No.269/1988.

2. The aforementioned suit O.S.No.237/1984 was one for realisation of a sum of Rs.28966.65 with 12% interest on the principal amount of Rs.25,000/- from the date of the suit namely 09.11.1984.

3. The case of the plaintiff can be summarised as follows:-

The plaintiff and the defendant are close friends. There were previous money transactions between them. On 20.06.1983 the defendant borrowed a sum of Rs.5000/-from the plaintiff. Subsequently on 15.07.1983 he borrowed a further amount of Rs.20,000/- from the plaintiff. The defendant agreed to repay the total amount of Rs.25,000/- with interest at the rate of 12% per annum or before 30.08.1983. The defendant, however, failed to fulfill the promise. To a lawyer notice sent on 22.06.1984 demanding the said amount, the defendant did not comply with the said demand. Hence the suit.

4. The suit is resist