(Petition under Article 227 of The Constitution of India against the order dated 3.10.2005 made in I.A.No.14867 of 2004 in O.S.NO. 2750 of 2004 on the file of the First Assistant Judge, City Civil Court, Chennai.)

This revision petition has been filed against the order at the instance of the defendant/respondent herein to defend the summary suit filed by the petitioner herein.

2. The precise case is that the respondent herein borrowed a sum of Rs.2,00,000/- for purchase of immovable property and for family expenses and executed promissory notes dated 25.6.2001 promising to repay the same with interest at 24% per annum. In spite of repeated demands and notice dated 23.3.2004, the amount has not been paid by the respondent nor sent any reply to notice sent by the petitioner. Hence the suit filed in a summary manner under Order XXXVII Rule 1 of the Civil Procedure Code.

3. The defendant/respondent herein filed an application seeking leave to defend the suit on the premise that there is a triable issue in the suit because of the relationship between the petitioner and the respondent. The petitioner used to lend money for interest. In such transactions, the petitioner obtaine