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2013 Supreme(Mad) 784

G.RAJASURIA
T. Balasubramanian – Appellant
Versus
M. Kanthasamy – Respondent


Advocates appeared:
For the Appellant:S. Chandrasekharan, Advocate.
For the Respondent:Mrs. M.K. Jamuna, M/s. Perumbulavil Radhakrishnan, Advocates.

Judgment

1. This second appeal is focussed by the defendant, inveighing the judgment and decree dated 21.03.2011 passed by the learned Additional District Judge, Fast Track Court No.1, Poonamallee in A.S.No.33 of 2009 in partly modifying the judgment and decree dated 29.10.2008 passed by the learned Subordinate Judge, Poonamallee in O.S.No.62 of 2006.

2. The parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

3. A summation and summarisation of the germane facts, absolutely necessary for the disposal of this second appeal would run thus:

a. The plaintiff filed the suit seeking the following reliefs:

- to pass a judgment and decree against the defendant

- directing the defendant to pay to the plaintiff a sum of Rs.1,88,000/- [Rupees one lakh and eighty eight thousand only] with interest at 18% per annum on the principal of Rs.1,33,000/- from the date of plaint till the date of realisation

-and for cost of the suit (extracted as such)

based on the promissory note and also on the ground that hand loan was given by the plaintiff to the defendant.

b. The defendant resisted the suit by filing the wri























































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