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2022 Supreme(Mad) 426

V.BHAVANI SUBBAROYAN
Rabel – Appellant
Versus
E. Soundararajan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. H. Arumugam.
For the Respondent: Mr. F.X. Eugene.

JUDGMENT :

V. BHAVANI SUBBAROYAN, J.

1. The present second appeal has been filed challenging the judgment and decree passed in A.S. No. 101 of 2018 dated 29.07.2019 on the file of the III Additional District Court, Tirunelveli confirming the judgment and decree passed in O.S. No. 160 of 2016 dated 03.08.2018 on the file of the Sub Court, Sankarankovil.

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

3. The case of the plaintiff, as per the averments made in he plaint, in short, reads as follows:

    On 14.12.2013, the defendant borrowed a sum of Rs. 4,00,000/- from the plaintiff for his family expenses and also executed a promissory note in favour of the plaintiff, agreeing to pay the said amount on demand with interest on the principal sum at the rate of one rupee per hundred rupee per month. After borrowing the same, the defendant failed to repay the same inspite of several requests. Therefore, the plaintiff issued a legal notice dated 22.11.2016, calling upon the plaintiff to repay the amount due, as per the promissroy note executed dated 14.12.2012. On receipt of legal notice, the defendant had issued a reply notice dated 25.11.2016 c

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