JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C, to set-aside the judgment and decree dated 28.10.2009 made in A.S.No.28 of 2009, on the file of the Principal Subordinate Court, Gobichettipalayam, Erode & district confirming the judgment and decree dated 30.01.2009 made in O.S.No.66 of 2005, on the file of the District Munsif Court, Sathyamangalam, Erode & District.

1. This second appeal has been preferred against the judgment and decree passed in A.S.No.28/2009, on the file of Principal Subordinate Court, Gobichettipalayam, Erode & district and dated 28.10.2009 in confirming the judgment and decree made in O.S.No.66/05, on the file of the District Munsif Court, Sathyamangalam, Erode & District.

2. The defendant is the appellant. The short facts of the plaintiff's case is that on 29.12.1997 the appellant/ defendant borrowed a sum of Rs. 76,500/- from the plaintiff for his personal expenses and executed a promissory note in her favour. He agreed to pay an interest @ 12% p.a. and repay the principal and interest as and when demanded. On 20.12.2000, the defendant made a part payment of Rs.10,000/- and made an endorsement on the backside of the empty promissory note.