JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C, against the decree and judgment in A.S.No.10/2009 on the file of the District Judge and Appellate Authority of Nilgiris at Udagamandalam dated 08.12.2009 reversing the judgment and decree passed in O.S.No.16/2008 on the file of the Subordinate Judge Udagamandalam, dated 23.01.2009.

1. This second appeal has been preferred against the judgment and decree passed in 10/2009 on the file of the District Judge and Appellate Authority of Nilgiris at Udagamandalam dated 08.12.2009 reversing the judgment and decree passed in O.S.No.16/2008 on the file of the Subordinate Judge Udagamandalam, dated 23.01.2009.

2. The Appellant is the plaintiff. The short facts of the plaintiff’s case is that the plaintiff lent a loan of Rs.1,50,000/- to the defendant on 22.10.2006. The defendant agreed to repay the same with interest @ 18% p.a. and executed a promissory note on 22.10.2006. Since the defendant failed to repay the said amount, the plaintiff sent a legal notice on 14.02.2007 calling upon the defendant to pay the suit amount. The defendant acknowledged the said notice on 17.04.2007 and he sent a reply after 5 months with false and