1. The defendant in the original suit is the appellant in the second appeal. The suit O.S.No.51 of 2005 was filed for recovery of a sum of Rs.1,56,613/- consisting of Rs.1,00,000/- as principal component and Rs.56,613 as interest component upto the date of plaint based on the allegation that the appellant herein/defendant borrowed a sum of Rs.1,00,000/- promising to repay the said amount with an interest at the rate of 24% p.a. and executed a promissory note to the said effect on 23.04.2003. The further averment made in the plaint is to the effect that since the appellant/defendant did not make payment either towards principal or towards interest, she had to issue a lawyer's notice on 24.08.2005 which was replied by the appellant/defendant by a reply notice containing allegations which are false according to the respondent/plaintiff and that the same pushed the respondent/plaintiff to file the suit.

2. The suit was resisted by the appellant herein/defendant who filed a written statement contending that he did not borrow any amount from the respondent on 23.04.2003. The appellant/defendant took a stand that he had borrowed a sum of Rs.1,00,000/-from the respondent/plaintiff