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2013 Supreme(Mad) 1494

G.RAJASURIA
K. K. Ramasamy – Appellant
Versus
Kannappan – Respondent


Advocates Appeared:
For the Appellant:V. Anandhamoorthy, Advocate.

JUDGMENT

1. This Second appeal is focused by the defendant animadverting upon the judgment and decree dated 01.08.2012 passed in A.S.No.6 of 2012 by the Subordinate Judge, Gobichettipalayam, confirming the judgment and decree of the District Munsif, Gobichettipalayam in O.S.No.96 of 2010.

2. The parties are referred to hereunder 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 fled the suit for recovery of a sum of Rs.63,125/-(Rupees sixty three thousand one hundred and twenty five only), based on the suit promissory note purported to have been executed by the defendant in favour of the plaintiff undertaking to pay a sum of Rs.15,000/- (Rupees fifteen thousand only) with 12% interest. After issuance of pre suit notice, the plaintiff filed the suit.

After the filing of the suit, reply notice was given by the defendant challenging and impugning the suit promissory note.

(b) Per contra, the defendant filed the written statement alleging that ten years anterior to the filing of the suit, there were some money transact























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