(Second appeal under Section 100 CPC against the decree and judgment dated 28.04.2004 made in A.S. No. 29 of 2002 on the file of the learned Additional District Judge, Fast Track Court II, Kancheepuram, confirming the decree and judgment, with a slight modification, dated 28.02.2002 made in O.S. No. 179 of 1997 on the file of the Subordinate Judge, Kancheepuram.)

The unsuccessful defendant, who lost the case before the courts below, is the appellant herein. The respondent herein has filed a suit in O.S. No. 179 of 1997 for recovery of Rs.50,000/- based on a pronote dated 22.10.1994 and the same was decreed. The appeal preferred by the appellant herein before the Additional District Judge, Fast Track Court No.2, Kancheepuram in A.S. No. 29 of 2002 was also dismissed, hence, the present second appeal.

2. This second appeal has not been admitted and it stands at the stage of 'notice of motion' and now it is taken up for final disposal. For the sake of convenience, the parties to the proceedings shall be referred according to their rank in this second appeal.

3. The case of the respondent herein is that the appellant borrowed a sum of Rs.50,000/- from him and executed a pronot