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2008 Supreme(Mad) 252

G.RAJASURIA
Ganapathy Thevar – Appellant
Versus
Shanmuga Thevar – Respondent


Advocates:
ADVOCATE APPEARED:
C.M. Arumugam, for Appellant

G. RAJASURIA, J.

JUDGMENT

1. This second appeal is focussed as against the judgment and decree dated 29.11.1999 passed in A.S. No. 8 of 1999 by the learned Sub Judge, Pattukkottai, in confirming the judgment and decree dated 30.7.1999 passed in O.S. No. 8 of 1989 by the learned District Munsif, Pattukkottai.

2. The parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

3. Broadly, but briefly, succinctly but narratively, the case of the plaintiff as stood exposited from the plaint and the relevant records could be portrayed thus:

The defendant in consideration of having received a sum of Rs. 3,600/- (Rupees Three Thousand and Six Hundred only), on 1.10.1985 executed the suit promissory note, Exhibit A-1, undertaking to repay the same with 12% interest per annum. However, the defendant committed default which necessitated the plaintiff to file the suit.

4. The quintessence of the case of the defendant is that even though he signed the suit promissory note format and also specified the amount at the top of it, he did not fill up the body of the promissory note. He would also contend that he received a sum of Rs. 3,600/- (Rupees






















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