JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree of the learned II Additional Subordinate Court, Villupuram, dated 08.04.2009 in A.S.No.57 of 2006 reversing the judgment and decree of the learned Principal District Munsif Court, Thirukkovilur dated 12.04.2005 in O.S.No.572 of 2004.)

(The case has been heard through video conference)

1. The second appeal against the judgment and decree of the first appellate Court, which has reversed the trial Court judgment and allowed the suit filed for recovery of money.

2. The short point involved in this second appeal is regarding the character of the document Ex.A1 dated 05/10/2001 upon which the suit for recovery of money laid. The trial Court considered the document as an unregistered deed of mortgage, so no cause of action arise from the said document. Whereas the lower appellate Court held it to be a promissory note or agreement of loan/receipt of acknowledge of debt and decreed the suit claim.

3. The short facts of the case leading to the second appeal:

The suit laid for recovery of money by the first respondent herein on the premise that the appellant and the sec