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2022 Supreme(Mad) 1261

R. VIJAYAKUMAR
A. Veerapagu – Appellant
Versus
S. Boomi – Respondent


Advocates appeared:
For the Appellant:S. Selva Aditya, G. Prabhu Rajadurai, Advocates. For the Respondent:M.P. Senthil, Advocate.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree dated 29.01.2018 passed in A.S.No.82 of 2017 on the file of the I Additional District Court, Tirunelveli reversing the judgment and decree dated 18.11.2016 passed in O.S.No.95 of 2014 on the file of the Subordinate Court, Ambasamudram.)

1. The plaintiff is the appellant.

2. The plaintiff filed O.S.No.95 of 2014 before the Subordinate Court, Ambasamudram for recovery of money for a sum of Rs.1,61,680/- based upon a pro-note dated 14.11.2011 said to have been executed by the defendant. The trial Court decreed the suit. The defendant filed A.S.No.82 of 2017 before the I Additional District Court, Tirunelveli. The learned District Judge was pleased to reverse the judgement and decree of the trial Court and dismissed the suit. As against the same, the plaintiff has filed the present second appeal.

3. The plaintiff had contended that the defendant has received a sum of Rs.1,20,000/- on 14.11.2011 to meet out his family expenses and executed a pro-note in the presence of attestors. Though several demands were made by the plaintiff, the defendant has neither paid the principal amount nor t

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