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2024 Supreme(Mad) 348

P. B. BALAJI
S. A. Subbiyah Thevar – Appellant
Versus
B. Subbaiyan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D. Veerasekaran.
For the Respondent: N. Pragasam.

JUDGMENT :

P.B. BALAJI, J.

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the Judgment and decree made in A.S. No. 17 of 2014 dated 15.11.2017 on the file of the District Court, Nagapattinam reversing the judgment and decree made in O.S. No. 74 of 2010 dated 11.07.2014 on the file of the Subordinate Court at Nagapattinam.

1. The plaintiff in a suit for recovery of money based on a promissory note, has preferred the present Second Appeal, aggrieved by the judgment and decree of the First Appellate Court, reversing the findings of the trial Court, granting a decree in his favour.

2. The parties are described as per their litigative status before the trial Court.

3. The case of the plaintiff is that on 01.06.2019, he lent a sum of Rs. 3,00,000/- to the defendant, who executed a promissory note on the same day, evidencing the borrowing and also undertaking to repay the same, together with interest at 12% per annum.

4. The defendant filed a written statement denying the borrowing and also the execution of the promissory note. It is the case of the defendant that he used to borrow money from the plaintiff earlier, but however, the last borrowing made

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