Velchandiran VS Rajavanniyan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

K. GOVINDARAJAN THILAKAVADI
Velchandiran – Appellant
Versus
Rajavanniyan – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. P. Mani, Advocate
For the Respondent:Mrs. V. Srimathi, Advocate

JUDGMENT

In this Second Appeal, challenge is made to the judgment and decree dated 16.11.2018 passed in A.S. No.45 of 2017, on the file of the III Additional District and Sessions Court, Cuddalore, Virudhachalam, reversing the Judgment and decree dated 04.10.2016 passed in O.S. No.64 of 2014, on the file of the Subordinate Court, Neyveli.

2. The appellant is the defendant in O.S. No.64 of 2014. The respondent, as a plaintiff, filed the said suit for recovery of money due under Promissory note dated 15.08.2011.

3. For the sake of convenience the parties are referred to as per their ranking in the trial court.

4. The case of the plaintiff is that the defendant borrowed a sum of Rs.2,00,000/- from the plaintiff for his family expenses on 15.08.2011 and agreed to repay the same along with interest at the rate of 12% per annum and executed a suit promissory note (Ex.A1) on twenty rupees stamp paper. The defendant failed to repay the said amount despite several demands made by the plaintiff. Hence the plaintiff issued a legal notice (Ex.A2) on 11.03.2013 for which the defendant sent a reply notice with false averments. Hence, he was constrained to file the above suit.

4.1. The claim of t

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