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2022 Supreme(Mad) 3689

RMT. TEEKAA RAMAN
R. Barathbaran (Died) – Appellant
Versus
R. Nallathambi – Respondent


Advocates Appeared:
For the Appellants : Mr. N. Manokaran.
For the Respondent: Mr. C. Prakasam.

JUDGMENT :

PRAYER : This Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree dated 02.060.2011 made in A.S.No.4 of 2009 on the file of the Principal District Court, Namakkal, in reversing the judgment and decree, dated 20.04.2009 made in O.S.No.295 of 2008 on the file of the Sub Court, Rasipuram.

1. The successful plaintiff is the appellant herein.

2. For the sake of convenience, the parties are referred to as per the ranking before the trial Court.

3. The plaintiff has filed the suit in O.S.No.345 of 2006 on the file of the Sub Court, Namakkal, later transferred and renumbered as O.S.No.295 of 2008 on the file of the Sub Court, Rasipuram against the respondent herein for recovery of money of Rs.1,00,000/- each, borrowed by him on 18.02.2004, 10.03.2004 and 05.04.2004 respectively, and executed Ex.A1 to Ex.A3, promissory notes in favour of the plaintiff for consideration. After issuing pre-suit notice, dated 15.11.2006, the plaintiff filed the suit for recovery of the suit claim of Rs.4,59,000/- along with subsequent interest.

4. Resisting the suit, the defendant filed written statement inter alia admitting the execution of the suit promissory notes. Howe

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