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2023 Supreme(Mad) 29

S. M. SUBRAMANIAM
G. M. Vikranth – Appellant
Versus
M. C. Ravikumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.B.Sudarshan

ORDER :

The present Civil Revision Petition has been filed against the order dated 01.11.2022 passed in IA No.1 of 2022 in OS No.9670 of 2021 on the file of the learned XXI Additional Judge, City Civil Court, Chennai.

2. The revision petitioner herein is the defendant in the suit instituted by the respondent for recovery of money based on the Promissory Note executed by the revision petitioner-defendant.

3. The revision petitioner-defendant filed an Interlocutory Application to defend the suit in Order XXXVII, Rule 3 (5) of CPC in IA No.1 of 2022. The application was adjudicated by the Trial Court and the Trial Court found that the revision petitioner-defendant has not disputed the execution of Promissory Note in favour of the plaintiff. But the revision petitioner raised a ground by stating that the amount as per the Promissory Note had not been paid to him.

4. The Trial Court made a finding that the defence raised in this regard is to be established by the revision petitioner-defendant, while defending the suit. However, the Trial Court directed the revision petitioner to deposit 50% of the Promissory Note amount within a period of two months from the date of passing of the order on

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