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2024 Supreme(Mad) 831

G. ARUL MURUGAN
Gunasekaran – Appellant
Versus
Jothi – Respondent


Advocate Appeared:
For the Appellant :R. Narayanan, Advocate
For the Respondent:P. Satishkumar, P. Dineshkumar, Advocates

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 09.03.2012 made in AS.No.65 of 2008 on the file of Sub-ordinate Judge, Ariyalur, reversing the judgment and decree dated 10.07.2008 made in OS.No.512 of 2004 on the file of District Munsif Court, Jeyankondam.)

1. The defendant in the suit is the appellant before this Court on appeal. The second appeal is filed challenging the judgment and decree dated 09.03.2012 made in AS.No.65 of 2008 on the file of Sub-ordinate Judge, Ariyalur, reversing the judgment and decree dated 10.07.2008 in OS.No.512 of 2004 on the file of District Munsif Court, Jeyankondam.

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

3. According to the plaintiff, on 01.10.2001, the defendant borrowed a sum of Rs.30,000/- as a loan, agreeing to repay along with interest at 12% per annum and executed the promissory note in Ex.A.1. Even after repeated demands, the loan amount was not repaid. The plaintiff issued the legal notice on 06.05.2002 for which there was no reply, therefore, the plaintiff has come up with the suit for recovery of money.

4. The defendant re

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