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2015 Supreme(Mad) 3490

S.NAGAMUTHU
M. Varadharajan – Appellant
Versus
V. Balasubramanian – Respondent


Advocates Appeared:
For the Appellant : R. Krishnaswamy.

JUDGMENT :

S. Nagamuthu, J.

1. The plaintiff in O.S. No. 32 of 2008 on the file of the learned Subordinate Judge, Ponneri is the appellant herein. The respondent is the defendant in the suit. It was a suit filed for recovery of money due under a promissory note. The trial Court by decree and judgment dated 01.10.2013, decreed the suit as prayed for. As against the same, the respondent/defendant filed an appeal in A.S. No. 2 of 2014 on the file of the learned Principal District Judge, Thiruvallur. By decree and judgment dated 16.07.2015, the First Appellate Court has allowed the appeal and set aside the decree and judgment of the trial Court. As against the same, the plaintiff/appellant is before this Court with this second appeal. This second appeal has come up today for admission. I have heard the learned counsel for the appellant and I have also perused the records carefully.

2. The case of the plaintiff is as follows:-

The defendant borrowed a sum of Rs. 1,20,000/- on 11.03.2005 from the plaintiff and duly executed a promissory note thereby promising to repay the said amount with interest @ 24% per annum on demand. Subsequently, despite demand, the defendant did not repay the amou
















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