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2021 Supreme(Mad) 164

G.JAYACHANDRAN
Pachiappan – Appellant
Versus
Subramaniyan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R. Bharanidharan, Advocate.
For the Respondent:Arun Anbumani, Advocate.

JUDGMENT :

(Prayer: First Appeal is filed under Section 96 C.P.C., against the judgment and decree made in O.S.No.31 of 2017, dated 21.07.2020 on the file of the Additional District Court, Dharmapuri.)

1. The Appeal is directed against the decree passed by the Trial Court in the money suit. The unsuccessful defendant is the appellant before this Court. The parties are described as per the ranking found in the plaint.

2. Plaint in brief :-

    The plaintiff Subramaniyan is a retired Postal Department staff. His son-in-law Arunachalam is working as Police Constable in the Tamil Nadu Police Department along with the defendant Pachiappan. Thus, the plaintiff through his son-in-law know the defendant. From the plaintiff, for purchase of tractor and to met out the expenses for his brick kiln business the defendant borrowed a sum of Rs.5,00,000/- on 10.10.2013 and Rs.3,00,000/- on 25.10.2013. Thus, totally, the defendant owe Rs.8,00,000/- to the plaintiff. Since, the defendant promised to repay the money within 10 days, out of trust believing him, the plaintiff did not insist for any written document. The defendant did not repay the money within 10 days as he promised. On several occasion the pla

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