K. Selvaraj vs V. Thangavelu - 2024 Supreme(Mad) 1877

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2024 Supreme(Mad) 1877

R. SAKTHIVEL
K. Selvaraj – Appellant
Versus
V. Thangavelu – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. R. Saseetharan
For the Respondent: Mr. S.Saravana Kumar for M/s.I.Abrar Md Abdullah

JUDGMENT :

R. Sakthivel, J.

PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated February 17, 2020 made in A.S.No.25 of 2016 on the file of the Additional District Judge, Namakkal District confirming the Judgment and Decree dated November 4, 2015 made in O.S.No.40 of 2011 on the file of Subordinate Court, Namakkal District.

This Second Appeal has been filed praying to set aside the Judgment and Decree dated February 17, 2020, made in A.S.No.25 of 2016 on the file of the ‘Additional District Judge, Namakkal District’ (henceforth 'First Appellate Court'), whereby the Judgment and Decree dated November 4, 2015 made in O.S.No.40 of 2011 on the file of ‘Subordinate Court, Namakkal District’ (henceforth 'Trial Court') was confirmed.

2. The defendant who was unsuccessful before the Trial Court as well as the First Appellate Court has preferred this Second Appeal. For the sake of convenience, hereinafter, the parties herein will be denoted as per their array in the Original Suit.

Plaintiff's Case

3. The case of the plaintiff is that on August 11, 2008 the defendant borrowed a sum of Rs.1,50,000/- (Rupees One Lakh F