1. This First Appeal is filed under Section 94(4) of Code of Civil Procedure against the order dated 30.9.2008 in O.S.No.29 of 2005 on the file of the Court of Additional District & Sessions Judge (Fast Track Court), Vellore.

2. The first defendant is the appellant. The plaintiff/first respondent filed a Suit for recovery of money.

3. Following are the allegations contained in Plaint:

(a) The 2nd defendant is the son of 1st defendant. The first defendant is the 'kartha' of the family and in the joint family, the first defendant borrowed a sum of Rs.2,50,000/-on 10.5.1999 from the plaintiff, agreeing to repay the same along with interest at the rate of 2% p.a. and also executed a promissory note in this regard. On 25.6.2002, the first defendant admitted the execution of the pro note and also agreed to repay the loan within two or three years by making an acknowledgement through his Advocate's Notice dated 25.6.2002.

(b) Again on 23.6.2003, the first defendant sent another notice through his Advocate, stating that he had discharged the entire loan amount on 20.7.2003, and returned the pro note to the plaintiff. The plaintiff on 27.8.2003, issued a notice to the first defen