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2021 Supreme(Mad) 3323

G.R.SWAMINATHAN
T. K. Kulandaivelu – Appellant
Versus
K. P. Nallusamy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Madhavan for Mr.M.Karthikeyavenkitachalapa
For the Respondent: Mr.V.Nagarajan

JUDGMENT :

The plaintiff in O.S.No.278 of 2004 on the file of the Additional District Munsif Court, Karur is the appellant in this appeal. According to the plaintiff, the defendant borrowed a sum of Rs.50,000/- from him and for consideration so received, the defendant executed the suit promissory note- Ex.A1 on 20.07.1994. The defendant agreed to repay the same on demand with interest. However, the defendant did not pay any amount either towards principal or towards interest. Therefore, the plaintiff caused to issue Ex.A2-Notice dated 25.07.1996. It was received by the defendant. The defendant issued Ex.A4 reply on 26.08.1996 denying the averments set out in the suit notice. Since the demand set out in the suit notice was not complied with, the plaintiff filed the suit in question in July 1997. It was numbered as O.S.No.212 of 1997. It was later renumbered as O.S.No.284 of 2004.

2. The defendant filed his written statement denying the plaint allegations. According to the defendant, he never borrowed any amount from the plaintiff let alone on 20.07.1994. The stand of the defendant is that the plaintiff was originally conducting an unregistered chit business. When the defendant had b

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