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2014 Supreme(Mad) 2836

R.KARUPPIAH
K. Sudhakaran – Appellant
Versus
R. S. Paramasivam – Respondent


Advocates Appeared:
For the Appellant:M/s. S. Gokulraj, Advocate.
For the Respondent:M/s. E.K. Kumaresan, Advocate.

Judgment

1. The appellant, who is the defendant in the original suit filed the Civil Miscellaneous Appeal against the fair and decretal order passed in I.A.No.200 of 2013 in O.S.No.32 of 2013, dated 23.06.2014 on the file of the Principal District Judge, Karur.

2. Heard the submissions made by the learned counsel for the appellant as well as the learned counsel for the respondent and perused the materials available on record.

3. For the sake of convenience, the respondent in I.A.No.200 of 2013 who is defendant in the suit referred as appellant and Petitioner in I.A.No.200 of 2013, who is plaintiff in the suit is referred as respondent hereafter.

4. Admittedly, the respondent/plaintiff filed a suit in O.S.No.32 of 2013 for recovery of money, on the basis of the promissory note as against the appellant/defendant. At the time of filing the suit, the respondent also filed an application under Order 38 Rule 5 of Civil Procedure Code and seeking a direction to furnish security, failing which for attachment in respect of the properties belonging to the appellant before judgment as security for the suit claim. In the above said application, the respondent herein stated that the appellant with










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