K. Periyasamy vs P. Saroja - 2022 Supreme(Mad) 473

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 473

K. Periyasamy – Appellant
Versus
P. Saroja – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. B. Saravanan.
For the Respondents: Mr. M.R. Sreenivasan, Mr. R. Nandakumar.

JUDGMENT :

V. BHAVANI SUBBAROYAN, J.

1. The second appeal is directed against the concurrent Judgments and decrees, passed in O.S. No. 171 of 2004 by the Principal Subordinate Court, Dindigul and in A.S. No. 23 of 2012, passed by the Additional District Court, Dindigul.

2. For the sake of convenience, the parties are referred to herein, as per their own ranking as before the Trial Court.

3. The respondents herein as plaintiffs 2 to 4 have instituted a suit in O.S. No. 171 of 2004 on the file of the trial Court for recovery of money of a sum of Rs. 3,40,750/- along with interest based on a pro-note, dated 28.05.2001, wherein, the appellant has been shown as the defendant.

4. In the plaint, it is averred that the defendant approached the deceased first plaintiff on 28.05.2001 and obtained a sum of Rs. 2,50,000/- with interest at the rate of 1% for a sum of Rs. 100/- per month, for his agricultural expenses and executed a promissory note on the same day. Due to non-payment of the said amount, the first plaintiff has sent a legal notice on 16.12.2002. Though the defendant had received the notice, he had not repaid the amount. Hence, the suit. Pending suit the first plaintiff died and his le

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