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2020 Supreme(Mad) 988

N.SATHISH KUMAR
S. V. Sathiyaseelan – Appellant
Versus
R. Vajrave – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.K.Prabhakar
For the Respondent: Mr.S.T.Gopinath

JUDGMENT :

PRAYER: This Appeal Suit is filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 27.04.2019 made in O.S.No.82 of 2018 on the file of the learned Principal District Judge, Tiruchirappalli.

Aggrieved over the judgment and decree of the trial Court, decreeing the suit for recovery of money, the present Appeal Suit is filed.

2. The parties are referred to as per their rank before the trial Court.

3. The brief fact, leading to file this appeal, reads as follows:-

    The defendant had borrowed a sum of Rs.20,17,000/- (Rupees Twenty Lakhs and Seventeen Thousand Only) from the plaintiff on 04.05.2015 and executed a promissory note, agreeing to repay the same together with interest at the rate of 12% per annum on demand either to the plaintiff or his order. The defendant has paid interest till the date of 04.07.2017, thereafter, failed to pay the amount. As the defendant has evaded the payment, the plaintiff had issued legal notice on 16.04.2018. Despite the notice, no amount has been paid, hence, the suit.

4. Denying the allegations, it is the contention of the defendant that he has involved in Real Estate Business. In this regard, there was a short

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