The appellant calls in question the legality and correctness of the judgment and decree dated 23.03.2006 in A.S.No.46 of 2005 on the file of Principal District and Sessions Judge, Madurai.

2. The respondent had preferred a suit in O.S.No.151 of 2003 before the Second Additional Subordinate Judge, Madurai for a judgment and decree directing the appellant to pay a sum of Rs.1,15,000/- together with interest thereon at the rate of 18% per annum from 27.01.2003 till the date of payment and for other incidental reliefs.

3. In the plaint in O.S.No.151 of 2003, it was the case of the respondent that the appellant was an employee of the respondent industry and during the year 1996, the appellant had suffered from major cardiac arrest which required him to undergo a major by-pass surgery and to meet the medical expenses for such a major operation, the appellant and his wife, who was working in the Tamil Nadu Electricity Board, pleaded with the management of the respondent to extend possible help. Accordingly, the respondent provided a loan to the appellant to the tune of Rs.1,30,000/- in two installments, one on 19.08.1996 and another on 21.08.1996. Subsequently, the appellant had