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2012 Supreme(Mad) 105

M.VENUGOPAL
M. Elamuhilan – Appellant
Versus
Jayamurugan Cycle Mart, rep. By Managing Partner, P. R. Subramanian – Respondent


Advocates Appeared:
For the Appellant: No Appearance.
For the Respondent:J. Nandagopal for M/s. K. Chandrasekar, Advocates.

Judgment :-

1. The Appellant/Defendant has filed the present Second Appeal as against the Judgment and Decree dated 22.07.1998 in A.S.No.3 of 1998 passed by the Learned Additional Sub Judge, Nagapattinam in confirming the Judgment and Decree dated 28.11.1997 in O.S.No.62 of 1996 passed by the Learned District Munsif, Tiruvarur.

2. The First Appellate Court viz., the Additional Sub Judge, Nagapattinam, while passing the Judgment in Appeal, has, among other things, observed that For Ex.A.1-Pronote, the plea of the Respondent/Plaintiff that the amount has been paid to the Appellant/ Defendant is accepted and also that for Ex.A.1-Pronote a sum of Rs.17,000/-has been received by the Appellant/Defendant from the Respondent/Plaintiff and that the Appellant/Defendant has executed the pronote to and in favour of the Respondent/Plaintiff and the said finding of the trial Court is a correct one and resultantly, dismissed the Appeal with costs.

3. Before the trial Court, in the main suit 1 to 5 issues have been framed for determination. On behalf of the Respondent/Plaintiff, witness P.W.1 has been examined and Exs.A.1 to A.4 have been marked. On the side of the Appellant/Defendant, witness D.












































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