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2001 Supreme(Mad) 44

E.PADMANABHAN
S. A. Shanmugam – Appellant
Versus
P. V. S. Balusamy Chettiar – Respondent


Advocates Appeared:
For the Appellants:Sindhuja, Advocate.
For the Respondent:D. Anandan, Advocate.

Judgment :-

1. This Appeal has been preferred against the judgment and decree of the learned Subordinate Judge of Periyakulam dated 23.12.1987 made in O.S. No. 78 of 1984 by the defendant in the said suit. The defendant in the said suit being aggrieved by the decree granted in favour of the plaintiff has preferred the present appeal. For convenience, the parties to this appeal will be referred so prayed before the trial Court.

2. Heard Ms. Sindhuja for the appellant and Dr. D. Anandan learned counsel appearing for the respondent.

3. The factual matrix leading to the appeal could be summarised briefly, The Plaintiff instituted the suit for recovery of sum of Rs. 42,262.50 being the principal and interest due on a promissory note dated 26.9.1979. According to the plaintiff, the defendant executed the promissory note on 26.9.1979. promising to pay Rs. 30,000/- on demand with interest in favour of Rajendra wife of P.P.C. Dhanasekaran of Pannaikadu. The plaintiff secured assignment of the promissory note on 7.10.1981 for valid consideration and instituted the suit.

4. According to the plaintiff, the suit claim is not barred by limitation as the defendant had acknowledged the liability by






























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