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2012 Supreme(Mad) 2369

S.PALANIVELU
Ramesh Babu – Appellant
Versus
K. Selvaraj – Respondent


Advocates appeared:
For the Appellant:V. Raghavachari, Advocate.
For the Respondent:A. Muthukumar, Advocate.

Judgment :-

1. This appeal suit has been preferred against the judgment and decree dated 7.3.2003 in O.S.No.230 of 2000 passed by the learned Additional Sub Judge (In-charge) Mayiladuthurai.

2. The appellant is the defendant in O.S.No.230 of 2000. The respondent/plaintiff has filed the above suit for recovery of amount based on a pronote, said to have been executed by the appellant for Rs.9,00,000/- on 21.12.1997 agreeing to repay the same at 18% p.a. in favour of the plaintiff through a common friend, namely, Sivaji. The case of the respondent/plaintiff is that after borrowing the amount, the appellant has failed to repay the same and even the respondent was unable to find the appellant for insisting the loan amount since he was absconding. In such circumstances, the respondent has filed the above said suit.

3. The said suit was contested by the appellant, by filing written statement, inter alia, denying the execution of the pronote and receiving of any amount thereof. The case of the appellant is that no transaction, much less borrowing loan from the respondent has taken place between the appellant and the respondent. But the appellant had availed a sum of Rs.1,00,000/- from the





























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