JUDGMENT :-

(Prayer: This Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree in A.S.No.14 of 2003 dated 17.03.2003 on the file of the Court of II Additional District Court at Coimbatore, reversing the judgment and decree made in O.S.No.732 of 1996 dated 28.03.2002 on the file of the I Additional Subordinate Judge, Coimbatore.)

1. The plaintiff is the appellant herein.

2. For the sake of convenience, the parties are referred to as in the same rank as they were arrayed before the trial Court.

3. The appellant/plaintiff is the lender and the respondents/defendants are the LRs of the deceased borrower being the wife, son and daugther of the deceased.

4. The plaintiff/appellant filed a suit in O.S.No.732 of 1996, based on pro-note for recovery of money for a sum of Rs.1,25,000/- with 12% interest.

5. The learned Sub-Judge, Coimbatore has rendered a finding that since the execution of Exhibit A1 / suit pro-note is admitted and in the absence of any evidence to propablize the case of the defendant, decreed the suit as prayed for. The defeated defendants filed the appeal and appeal was allowed and hence the Second Appeal.

6. The above Second Appeal was admit