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2017 Supreme(Mad) 3899

T.RAVINDRAN
Sivanappa Gounder (Died) – Appellant
Versus
Subbammal @ Seeethammal – Respondent


Advocates Appeared:
For the Appellant : Mr. N. Manokaran.
For the Respondent: Mr. R.T. Doraisamy.

JUDGMENT :

1. Challenge in this second appeal is made to the judgment and decree dated 31.10.2001 made in A.S. No. 140 of 2001 on the file of the Principal District Court, Erode, confirming the judgment and decree dated 30.04.2001 made in O.S. No. 232 of 1999 on the file of the Second Additional Sub Court, Gobichettipalayam.

2. Parties are referred to as per the rankings in the trial court.

3. Suit for recovery of money.

4. The case of the plaintiff in brief is that the defendant borrowed a sum of Rs. 30,000/- from her and in evidence there of executed a promissory note dated 17.11.1996, agreeing to pay the borrowed sum with interest at 12% per annum and inasmuch as the defendant did not pay the amount, despite several demands, according to the plaintiff, she issued a lawyer's notice on 14.08.1999 and the defendant, on the receipt of the same, issued a reply on 19.08.1999 containing untenable allegations and hence according to the plaintiff, she has been necessitated to lay the suit for recovery of money.

5. The case of the defendant in brief is that he did not receive the suit amount from the plaintiff on 17.11.1996 as claimed in the plaint and also did not execute any promissory note
























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