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2013 Supreme(Mad) 1500

G.RAJASURIA
Dhandapani – Appellant
Versus
Varadharasu Udayar – Respondent


Advocates Appeared:
For the Appellant:N. Suresh, Advocate.
For the Respondent:J. Antony Jesus, Advocate.

JUDGMENT

1. This Second appeal is focused by the defendant animadverting upon the judgment and decree dated 21.12.2009 passed by the Principal Subordiante Judge, Villupuram, in confirming and enlarging the scope of the judgment and decree dated 28.9.2007 passed by the Additional District Munsif, Villupuram, in O.S.No.446 of 2005, which was one for recovery of money, by allowing the cross-appeal filed by the plaintiff.

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

3. A 'resume' of facts absolutely necessary for the disposal of this second appeal would run thus:

(i) The respondent herein, as plaintiff, filed the suit as against the defendant for recovery of a sum of Rs.85,150/- based on the original cause of action concerning the pro-note-Ex.A1, by contending that on 4.5.2003 during morning hours, a sum of Rs.65,000/-(rupees sixty five thousand) was borrowed by the defendant from the plaintiff and executed the suit promissory note(Ex.A1) during the afternoon of the same date.

(ii) According to the plaintiff, since the word 'on demand' is not found spelt out in the promissory note, he wa
























































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