G.RAJASURIA
S. Nachimuthu (deceased) – Appellant
Versus
S. Rajaram – Respondent
1. This appeal is focussed at the instance of the plaintiff as against the judgment and decree dated 06.01.2004 passed by the learned Additional District and Sessions Judge (Fast Track Court No.III), Coimbatore in O.S.No.112 of 2003, which was filed for recovery of money.
2. The parties, for convenience sake, are referred to here under according to their litigative status and ranking before the trial Court.
3. The germane facts, which are absolutely necessary for the disposal of this appeal would run thus:
a] The original plaintiff deceased Nachimuthu filed the suit seeking the following relief:
- To direct the defendant to pay the suit amount of Rs.5,15,606/-and future interest at
24% per annum on Rs.3,00,000/- from the date of suit till payment and for costs. (extracted as such)
b] The defendant filed the written statement resisting the suit.
c] The trial court framed the issues.
d] During trial, the plaintiff examined himself as P.W.1 along with PW2 and marked Exs.A1 to A12. The defendant examined himself as D.W.1 and marked Exs.B1 to B5.
e] Ultimately, the trial court dismissed the suit.
f] Being aggrieved by and dissatisfied with the same, the original plaint
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