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2023 Supreme(Mad) 2071

A. D. JAGADISH CHANDIRA
S. Senniappan – Appellant
Versus
Muthulakshmi – Respondent


Advocates appeared:
For the Appellant:R. Gouri, Advocate

JUDGMENT

(Prayer: Second Appeal filed under Section 100 C.P.C., against thejudgment and decree dated 28.02.2023 made in A.S.No.10 of 2016on the file of the 1st Additional District Judge, Coimbatoreconfirming the judgment and decree dated 30.11.2015 made inO.S.No.6 of 2014 on the file of the Subordinate Judge, Pollachi.)

1. Judgment and decree of the Trial Court granting the reliefof recovery of money and the concurrence thereupon by the firstappellate court are put to challenge in the present second appealby the defendant.

2. Though the Second Appeal came up for admission, on aperusal of the questions of law, which are six in number, this courtfound that the appellant has sought to raise such questions only on2factual aspects to the effect that the plaintiff has not dischargedher burden of proof with regard to execution of the suit promissorynote and that she had sufficient means to lend the money andthereby, this court feels that it is suffice to see whether the courtsbelow have considered the defence of the appellant/defendant in aproper perspective rather admitting the second appeal.

3. The case of the plaintiff is as under:-

i) The defendant had borrowed a sum of Rs.3

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