JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree of the Principal District Court, Thoothukudi, dated 21.07.2011made in A.S.No.3 of 2010, reversing judgment and decree, dated 12.10.2009 made in O.S.No.9 of 2007, on the file of the Sub Court, Koilpatti.)

1. The plaintiff in O.S.No.9 of 2007 on the file of the Sub Court, Kovilpatti, is the appellant in this second appeal. The case of the plaintiff is that the defendant is his relative and that he approached him for advancing a loan of Rs.90,000/- on 08.01.2006. The plaintiff gave the said sum to the defendant after taking Ex.A.1/promissory note from him. The defendant had agreed to repay the said amount with interest on demand. The plaintiff alleged that the defendant did not repay the said amount, when he demanded. The plaintiff issued Ex.A.2/legal notice dated 22.01.2007. The said notice was returned as unserved. The plaintiff filed O.S.No.9 of 2007, for recovery of a sum of Rs.1,01,700/- with interest at the rate of 12% per annum from the date of plaint till the date of realization. The defendant entered appearance and denied having executed the suit promissory note. T