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2025 Supreme(Online)(Mad) 28831

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.Lakshminarayanan, J
T.Sakthivadivel – Appellant
Versus
Selvaganapathy – Respondent


Advocates:
For the Appellants/Petitioners: Mr.K.S.Govinda Prasad
For the Respondents:

O R D E R

This civil revision petition challenges the order passed by the learned Subordinate Judge, Mannargudi, in I.A.No.1 of 2023 in O.S.No.219 of 2016 dated 09.07.2024.

2.The civil revision petitioner is the defendant in the suit.

3.O.S.No.219 of 2016 has been presented by the respondent – plaintiff for recovery of a sum of Rs.3,27,321/-, being aggregate of the principle of Rs.3,00,000/- together with interest. The claim of the plaintiff is that the defendant had borrowed a sum of Rs.3,00,000/- from him and had issue a cheque bearing No.113581 issued for Account No.30480201 dated 25.05.2016. The cheque was presented and it was dishonoured. Being left with no other option, the plaintiff presented the suit.

4.On being served with the summons, the defendant filed a detailed written statement. He pleaded that the plaintiff had given him a loan of Rs.50,000/-. He had the ATM card of the defendant and was in the habit of withdrawing the monthly instalments of Rs.15,000/- from the savings bank account of the defendant. He pleaded, as a security for the loan of Rs.50,000/- received in March, 2012, he had issued two cheques drawn on State Bank of India. He pleaded that both the cheques were

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