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2023 Supreme(Mad) 465

S. M. SUBRAMANIAM
P. Annadurai – Appellant
Versus
K. Manoharan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Prabhakaran
For the Respondent: Mr. T.L. Thirumalaisamy

JUDGMENT :

Prayer: Appeal Suit is filed under Section 96 read with Order XVI Rule 1 of the Civil Procedure Code, to set aside the Decree and Judgement dated on 28.09.2021 passed in O.S.No.172 of 2017, on the file of Court of Sessions (Fast Track Mahila) Judge, Namakkal.

The Appeal Suit has been instituted against the decree and judgment dated 28.9.2021 passed in O.S.No.172 of 2017.

2. The appellants are the defendants in the Suit and the respondent / plaintiff instituted a Suit for recovery of money. The plaint filed by the respondent herein reveals that the plaintiff is doing transport business and owns a lorry. The defendants are the husband and wife and the 1st defendant is doing building construction on contract basis. For their professional and family needs, the defendants 1 and 2 have jointly borrowed a sum of Rs.12,00,000/- from the plaintiff, promising to repay the same with the rate of interest of 18% per annum and jointly executed the promissory note on 24.04.2016 at Sandaipetttipudur, Namakkal Town. The defendants failed to repay the borrowed amount along with the interest and the demands made by the plaintiff went in vain. Thus, the plaintiff instituted a Suit for recovery

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