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2019 Supreme(Mad) 1254

C.V.KARTHIKEYAN
K. Rasu – Appellant
Versus
Mayavan – Respondent


Advocates:
Advocate Appeared:
T. Dhanyakumar.

JUDGMENT :

C.V. KARTHIKEYAN, J.

1. The plaintiff in O.S. No. 663 of 1992 on the file of the Additional District Munsif Court, Villupuram, is the appellant. By judgment dated 08.07.1994, the suit was decreed. Thereafter, the defendants had filed A.S. No. 8 of 1995 before the Subordinate Court, Villupuram. By judgment dated 22.01.1997, the appeal was allowed and the judgment of the trial court was set aside.

2. Challenging that judgment, the plaintiff has filed the present Second Appeal. The second appeal had been admitted on the following substantial questions of law:

1. Whether Ex.A1 pronote is not supported by consideration?

2. Whether the statement recorded under Section 161 Cr.P.C. and the F.I.R. are admissible as evidence in civil case?

3. Whether a decree can be passed on the admission of defendants made in the additional written statement?

O.S. No. 663 of 1992 (The Additional District Munsif Court, Villupuram):-

3. The plaintiff, K. Rasu had filed the suit against three defendants namely, K. Mayavan, M. Periyasamy and M. Ranganathan seeking a judgment and decree for payment of a sum of Rs. 6,342/- on the basis of a promissory note dated 06.07.1989 for a sum of Rs. 5,000/- and also fo






























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