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1979 Supreme(Mad) 311

S.PADMANABHAN
RM. AR. AR. RM. AR. Ramanathan Chettiar – Appellant
Versus
VT. RM. K. Ramasami Chettiar – Respondent


Advocates:
Advocate Appeared:
R. Krishnamoorthy and A.R. Lakshmanan, Appellant.
V.S. Ramakrishnan, for Respondents.

JUDGMENT

The plaintiff in O.S.No.55 of 1972 on the file of the Subordinate Judge of Devakkottai is the appellant. The plaintiff filed the suit on the foot of a promissory note for the recovery of a sum of Rs. 11,157,70. The lower Court granted the plaintiff a decree for Rs. 970.00 with interest at 6½ per cent per. annum from 1st March, 1972.

2. The facts leading to the institution of the suit may be briefly stated as follows: On 20th November, 1967 the defendant borrowed a sum of Rs. 5,000 from the plaintiff on the foot of Exhibit A-1 promissory note. As on 12th June, 1969 the amount due under the promissory note dated 20th November, 1957 (Exhibit A-l) was Rs. 8,484.95 after giving credit to certain payments made by the defendant evidenced by the endorsements on the note. On 12th June, 1969 itself the defendant executed a fresh promissory note for the sum of Rs. 8,484.95 due under Exhibit A-l. A copy of the said promissory note is marked as Exhibit A-8, as the original is stated to be lost. He agreed to pay interest at 14 annas per hundred per month to the plaintiff. Thereafter no amount was paid by the defendant towards the amount due under Exhibit A-8.

3. The defendant filed a writt






















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