1. This appeal is focussed at the instance of the defendants as against the judgment and decree dated 03.12.2008 passed by the learned Additional District Judge, Fast Track Court No.II, Salem in I.A.No.823 of 2008 in O.S.No.136 of 2007.

2. The long and short of the germane facts, in a few broad strokes, for the disposal of this appeal can be encapsulated thus:

(i) The respondent/plaintiff herein filed the suit informa pauperis seeking the following reliefs:

a) To permit him to sue informa pauperis

b) Decree the suit by directing respondent/defendant to pay a sum of Rs.10,19,375/-to the petitioner and

c) Direct the respondent/defendant to pay interest by way of damages at 18% p.a for the suit claim from the date of suit till the date of payment.

d) Direct the respondent/defendant to pay the court fee payable on the plaint and award cost of suit to plaintiff.

(ii) The appellants herein, who happened to be the defendants therein filed necessary counter and contested the pauper O.P. Whereupon, the POP was allowed and the matter was taken up as a suit.

(iii) Opportunity was given to the defendants to file written statement, but that was not filed as contemplated under Or