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2021 Supreme(Mad) 2472

V.BHAVANI SUBBAROYAN
Rajendran (Died) – Appellant
Versus
Jagadhambal – Respondent


Advocates Appeared:
For the Appellants : P. Sesubalan Raja.
For the Respondent: G. Karnan.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 29.01.2013 passed in A.S.No.67 of 2011, on the file of the Principal District Court, Thanjavur, reversing the judgment and decree, dated 30.03.2009 passed in O.S.No.51 of 2007 on the file of the Principal Sub Court, Thanjavur.)

1. This second appeal has been directed against the Judgment and decree, dated 27.10.2014 passed in A.S.No.67 of 2011, by the Principal District Court, Thanjavur, reversing the judgment and decree, dated 30.03.2009 passed in O.S.No.51 of 2007 by the Principal Sub Court, Thanjavur, are reversed.

2. The husband of the first appellant, viz., Rajendran, as plaintiff has instituted a suit in O.S.No.51 of 2007 on the file of the trial Court for recovery of money of a sum of Rs.1,35,100/- along with interest, wherein, the respondent has been shown as the defendant.

3. For the sake of convenience, the parties are referred to as, as described before the trial Court.

4. In the plaint it is averred that on 23.02.2004, the defendant and her husband had borrowed a sum of Rs.1,00,000/- for their family expenses and promised to repay the said amount bo

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