JUDGMENT

(Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 16.11.2009 passed in A.S. No.251 of 2007 on the file of the Additional District & Sessions Court (Fast Track Court No.III), Chennai, reversing the decree and judgment dated 25.10.2006 passed in O.S. No.3107 of 2003, on the file of the XIII Assistant City Civil Court, Chennai.)

1. The appellant is the defendant in O.S. No.3107 of 2003 on the file of the XIII Assistant Judge, City Civil Court, Chennai. The plaintiff filed the said suit for recovery of a sum of Rs.75,933/- due on a pro-note together with interest @ 30% per annum on the principal of Rs.40,000/- from the date of plaint till the date of realisation.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

3. The case of the plaintiff is that the defendant borrowed a sum of Rs.40,000/- on 10.06.2000 from him and executed a pro-note (Ex.A2) promising to repay the principal together with interest at the rate of 30% per annum on his demand or to his order. His further contention is that though it was