Aggrieved by the judgment and decree dated 29.09.2008 passed by the Subordinate Judge, Tiruchengode, in A.S. No. 70 of 2008 wherein and by which the judgment and decree dated 18.08.2005 passed by the District Munsif, Tiruchengode, in a suit for recovery in O.S. No. 217 of 2004 were reversed allowing the First Appeal at the instance of the defendant, the plaintiff has preferred the instant Second Appeal.

2. The relevant facts necessary for disposal of this second appeal would run thus:

(a) The narration of brief facts as found set out in the plaint would be to the effect that the defendant borrowed a sum of Rs.45,000/- agreeing to repay with interest at the rate of Rs.1.50/- on demand and executed Ex. A.1 suit promissory note dated 07.9.1997. Since there was default in repaying the debt, the plaintiff issued pre-suit notice Ex. A.2 dated 15.02.2000 for which the defendant replied with false allegations on 04.3.2000. Hence, the suit was filed.

(b) Written statement was filed resisting the claim.

(c) Whereupon, the trial court framed the issues and ultimately decreed the suit.

(d) Being aggrieved by and dissatisfied with the judgment and decree of the trial court, appeal was f