JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 C.P.C., against the order dated 04.10.2021 passed by the learned Principal District Judge, Tirupur in IA No.434 of 2021 in OS No.371 of 2021.)

1. This Civil Miscellaneous Appeal has been preferred against the fair and decretal order dated 04.10.2021 made in I.A.No.434 of 2021 in O.S.No.371 of 2021 on the file of Principal District Court, Tirupur.

2. The petitioner herein is the defendant and the respondent is the plaintiff in a suit in O.S.No.371 of 2021. The said suit has been filed by the respondent herein, for recovery of a sum of Rs.71,61,675/- along with interest based on the loan confirmation cum undertaking deed executed by the petitioner in favour of the respondent having borrowed the loan amount of Rs.60,00,000/-. Though for the purpose of repayment of loan amount, the petitioner gave various cheques with different denominations, the same have been returned by the concerned bank for in-sufficient funds, which prompted the respondent to file the suit. Along with the suit, the respondent has also moved an interlocutory application in I.A.No.434 of 2021 under Order XXXVIII Rule 5 of C.P.C., to dir