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2024 Supreme(Mad) 452

P. B. BALAJI
M. Rajendran – Appellant
Versus
K. R. Senthil – Respondent


Advocates Appeared:
For the Appellant : S. Nagarajan.
For the Respondent: S. Giritharan.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the Judgment and Decree dated 11.04.2018 passed in A.S. No.12 of 2017 on the file of the District Court, Nagapattinam reversing the judgment and decree dated 10.02.2017 passed in O.S. No.82 of 2015 on the file of the Sub-Court, Nagapattinam.)

1. The defendant in a suit for recovery of money based on a promissory note is the appellant.

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

3. The plaintiff filed a suit for recovery of a sum of Rs.1,68,000 /-, being the principal sum of Rs. 1,50,000/-, together with interest as on date of filing of suit. The defendant borrowed a sum of Rs.1,50,000/- on 20.09.2014 and executed a suit promissory note, evidencing the borrowing and undertaking to pay the same on demand with interest. As the defendant did not come forward to repay the said money, the plaintiff issued a lawyer’s notice on 17.03.2015. On receipt of the said notice, the defendant sent a reply on 11.04.2015, denying liability. The suit was, therefore, filed for recovery of the dues.

4. The defendant filed a written statement stating that he neither bor

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