JUDGMENT :

(Prayer: This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 07.07.2010 made in A.S.No.127 of 2009 on the file of the learned Principal District Judge, Erode, reversing the judgment and decree dated 30.06.2009 made in O.S.No.53 of 2004 on the file of the learned Principal Subordinate Judge, Gobichettipalayam.)

1. The present appeal is directed against the judgment and decree dated 07.07.2010 made in A.S.No.127 of 2009 on the file of the learned Principal District Judge, Erode, reversing the judgment and decree dated 30.06.2009 passed in O.S.No.53 of 2004 dated 30.06.2009, on the file of the learned Principal Subordinate Judge, Gobichettipalayam.

2. The appellant/plaintiff has filed a suit before the learned Principal Subordinate Judge, Gobichettipalayam in O.S.No.53 of 2004 seeking the relief of direction, directing the defendant to pay a sum of Rs.1,21,665/- with subsequent interest at the rate of 12% per annum to the plaintiff.

3. By judgment and decree dated 30.06.2009, the learned Principal Subordinate Judge, Gobichettipalayam, allowed the suit and directed the defendant to pay the suit amount to t