JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 02.07.2010 passed in A.S. No.28 of 2009, on the file of the Sub Court, Mettur, upholding the decree and judgment dated 09.10.2009 passed in O.S. No.119 of 2006, on the file of the District Munsif Court, Mettur.

1. The unsuccessful defendant before both the courts below has filed the present second appeal.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their ranking in the present appeal would also be indicated.

3. The case of the plaintiff is that the defendant borrowed a sum of Rs.70,000/- from him on 12.05.2004 and executed a promissory note (Ex.A1) on the same day promising to repay the principal together with interest @ 24% per annum. The further case of the plaintiff is that in spite of repeated demands made by him, the defendant did not repay the loan amount, which forced him to issue a legal notice dated 27.04.2006 (Ex.A2) to the defendant and that though the defendant received the said notice, did not come forward to make good the payment.

4. The defendant, in his written statement, denied the