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1982 Supreme(Mad) 389

K.B.N.SINGH, PADMANABHAN
P. Syed Mohammed – Appellant
Versus
V. P. L. Meenakshisundaram Chettiar – Respondent


Advocates:
R. Gandhi, for Appellant :A.R. Lakshmanan for Respondent.

Judgement

K. B. N. SINGH, C.J. :- This appeal is against the order dated 28-4-1982 made in C.M.P. No. 3561 of 1982 in A.S.No. 794 of 1981 on the file of this court. By the said order, a learned single Judge of this Court (Ratnam J.) refused to modify his earlier order of attachment dated 7-1-1982 in C.M.P. No. 13484 of 1981 in the said appeal. The respondent herein filed the suit in O.S. No. 87 of 1979 on the file of the court of the Subordinate Judge of Devakottai against the appellant herein based on a promissory note dated 27-11-1976 for a sum of Rupees 13,000. The total claim made in the suit was Rs. 36,128,65. The defendant who is the appellant herein contested the suit and urged that out of the sum of Rs. 13,000, he actually received only Rs. 11,700 and by way of collateral security, he also deposited with the plaintiff 42-1/2 sovereigns of gold chain. The trial court came to the conclusion that the plaintiff actually advanced only Rs. 11,700 and by way of collateral a decree only for a sum of Rs. 16,122. The trial court also gave a finding that the defendant-appellant herein had deposited with the plaintiff respondent herein 32-1/2 sovereigns of gold chain as collateral secur



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