JUDGMENT

The defendant is the appellant in this second appeal. The suit filed by the respondents-plaintiffs has been decreed as against which the appellant has filed first appeal and the same was also dismissed. Therefore, the defendant has preferred this second appeal.

2. For the sake of convenience, the parties are referred as plaintiffs and defendant as referred in the original suit.

3. Originally the suit in O.S.No.229 of 2004 was filed by the plaintiffs for recovery of a sum of Rs.95,081.25/- from the defendant, with interest at the rate of 9% per annum from the date of plaint and 6% per annum till the date of realization.

4. The contention of the plaintiffs in the plaint is that the defendant borrowed a sum of Rs.75,000/- from one Maheswari/the first plaintiff on 21.11.1999 and executed a promissory note on the same day promising to pay interest at the rate of 24% per annum. Despite agreeing to repay, the defendant failed to do so. On 09.07.2002, the first plaintiff issued a legal notice to the defendant demanding the payment. The defendant responded to the said notice and issued a reply notice dated 23.07.2002, denying all the contentions raised by the first plaintiff in the leg