J U D G M E N T

Challenge in this Second Appeal is made to the judgment and decree dated 17.04.2007 passed in A.S.No.132 of 2006 on the file of the Additional Subordinate Court, Salem, reversing the judgment and decree dated 10.04.2006 passed in O.S.No.1590 of 2004 on the file of the I Additional District Munsif Court, Salem.

2. For the sake of convenience, the parties are referred to as per the rankings in the trial court.

3. The plaintiff in O.S.No.1590 of 2004 is the appellant.

4. Suit for recovery of money.

5. Briefly stated according to the plaintiff's case, the defendant and one Vijayakumar borrowed a sum of Rs.50,000/- on 10.06.2001 from the plaintiff towards their business and family expenses and in evidence thereof, executed a promissory note on the same date, agreeying to repay the borrowed sum with interest at 24% per annum. Subsequent thereto, Vijayakumar paid a sum of Rs.1,000/- on 09.07.2001 and a further sum of Rs.1,000/- on 08.08.2001 and thereafter, no payment has been made to the plaintiff towards the borrowed sum either by the defendant or by Vijayakumar. Hence, according to the plaintiff, he issued a legal notice on 24.05.2004 to both the defendant and Vijayakumar c