G.RAJASURIA
M. A. Velappan – Appellant
Versus
Karthic Worms, rep. by its Partner, A. Rathinagiri – Respondent
1. This Second appeal is focussed by the plaintiff animadverting upon the judgment and decree dated dated 11.6.2007 passed by the First Additional District Court, Erode, in A.S.No.135 of 2004, reversing the judgment and decree dated 9.1.2004 passed by the Additional Sub-Court, Erode, in O.S.No.68 of 1999, which was filed for recovery of money.
2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.
3. Narratively but precisely, broadly but briefly, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:
(a) The appellant herein, as plaintiff, filed the suit for recovery of a sum of Rs.1,17,700.00 with future interest at 12% per annum on Ra.1,00,000/- from the date of suit till the date of realisation.
(b) The first defendant filed the written statement resisting the suit.
(c) Whereupon issues were framed by the trial Court.
(d) On the side of the plaintiff, the plaintiff examined himself as P.W.1 along with P.W.2 and P.W.3 and Exs.A1 to A28 were marked. On the defendants' side, the first defendant examined himself as D.W.1 along with
1. HERO VINOTH (MINOR) VS. SESHAMMAL (2006) 5 Supreme Court Cases 545 .
5. [Thiruvengadam Pillai vs. Navaneethammal and another] (2008) 4 SCC 530.
7. THE STATE (DELHI ADMINISTRATION) V. PALI RAM (1979) 2 SUPREME COURT CASES 158 .
4. [VIJAY KUMAR TALWAR vs. COMMISSIONER OF INCOME TAX
2. KASHMIR SINGH VS. HARNAM SINGH AND ANOTHER 2008(4) SCALE 300.
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