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2022 Supreme(Mad) 3900

R. VIJAYAKUMAR
A. S. Sakthivel – Appellant
Versus
M. Perumal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.A. Ramakrishnan.
For the Respondents: T. Arul, R. Balakrishnan.

Judgement Key Points

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JUDGMENT :

R. VIJAYAKUMAR, J.

Prayer: Second Appeal is filed under Section 100 of C.P.C. to set aside the judgment and decree in A.S. No. 38 of 2020 dated 31.03.2021 on the file of the I Additional District Judge Tuticorin as reversing by the judgment and decree in O.S. No. 122 of 2015 dated 05.02.2020 on the file of the Subordinate Court, Tuticorin.

1. The defendant is the appellant.

2. The plaintiff filed O.S. No. 122 of 2015 on the file of the Subordinate Court, Tuticorin for the relief of recovery of money of a sum of Rs. 2,00,000/- based upon a post dated cheque executed by the defendant in favour of the plaintiff. The trial Court dismissed the suit. As against the same, the plaintiff had filed A.S. No. 38 of 2020 before the I Additional District Judge, Tuticorin. The learned District Judge was pleased to allow the appeal and granted a decree as prayed for. As against the same, the defendant has filed the above second appeal.

3. The plaintiff has contended that the plaintiff and the defendant are friends. The defendant had borrowed a sum of Rs. 2,00,000/- from the plaintiff on 19.06.2014 for urgent family needs and he agreed to repay the said amount within a period of one month. Ac

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