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2021 Supreme(Online)(MAD) 46726

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN
RAJENDRAN (DIED) – Appellant
Versus
JAGADAHMBAL – Respondent


JUDGMENT

This second appeal has been directed against the Judgment and decree, dated 27.10.2014 passed in A.S.No.67 of 2011, by the Principal District Court, Thanjavur, reversing the judgment and decree, dated 30.03.2009 passed in O.S.No.51 of 2007 by the Principal Sub Court, Thanjavur, are reversed.

2. The husband of the first appellant, viz., Rajendran, as plaintiff has instituted a suit in O.S.No.51 of 2007 on the file of the trial Court for recovery of money of a sum of Rs.1,35,100/- along with interest, wherein, the respondent has been shown as the defendant.

3. For the sake of convenience, the parties are referred to as, as described before the trial Court.

4. In the plaint it is averred that on 23.02.2004, the defendant and her husband had borrowed a sum of Rs.1,00,000/- for their family expenses and promised to repay the said amount borrowed with interest at the rate of 12% per annum to the plaintiff and executed a promissory note. Till the date of filing of the suit, the defendant has not paid either the principal or the interest. When the plaintiff has requested to pay the amount, the defendant delayed in paying the same. In the mean time, the defendant's husband passed away

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