JUDGMENT :

Prayer: Appeal filed under Section 100 of Code of Civil Procedure read with Order 43 Rule 1 CPC against the judgment and decree passed in A.S.No.70 of 2013 on the file of the I Additional Sub Court, Erode dated 28.02.2014 confirming the fair and final order dated 07.10.2013 passed in E.A.No.6 of 2013 in E.P.No.115 of 2011 in O.S.No. 810 of 2002 on the file of I Additional District Munsif Court, Erode.

The facts in a nutshell to be considered are that Nehru Vivekanandhan borrowed a sum of Rs.70,000/- and a promissory note was executed on 28.06.2000 in favour of K.S.Muthusamy. The said loan amount was not repaid and the first respondent in the present appeal K.S.Muthusamy instituted a suit in O.S.No. 810 of 2002 for recovery of money against Nehru Vivekanandhan. On 07.10.2000, O.S.No.810 of 2002 was decreed ex-parte. Based on the ex-parte decree, the decree holder K.S.Muthusamy filed E.P.No. 19 of 2004 on 29.10.2004 against the judgment debtor Nehru Vivekanandhan and the said execution petition was dismissed as not pressed. Thereafter, on 14.10.2005, a sale agreement was executed between the appellant/Kishore Kumar and Nehru Vivekanandhan/judgmebt debtor in respect of R.S.No