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C.R.P.No.432 of 2024

and C.M.P.No.2075 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

C.R.P.No.432 of 2024

and

C.M.P.No.2075 of 2024

P.Punitha Pakkianathan ... Petitioner

vs.

S.Periasamy ... Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the

Constitution of India, against the order dated 01.02.2023 passed in I.A.No.2

of 2025 in O.S.No.3220 of 2022, on the file of the XIV Assistant City Civil

Court, Chennai.

For Petitioner : Mr.P.Chandrasekar

For Respondent : Mr.V.Sukumar

O R D E R

Civil Revision Petition is filed challenging the order passed by the

trial Court dismissing the application filed by the petitioner seeking leave to

defend the suit.

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C.R.P.No.432 of 2024

and C.M.P.No.2075 of 2024

2. The respondent herein filed a suit seeking recovery of money

based on promissory note under Order XXXVII Rule 1 of CPC. It is the

case of the respondent that the petitioner herein borrowed a sum of

Rs.3,00,000/- initially and executed a promissory note dated 25.04.2018 and

agreed to pay interest at the rate of 10% per annum. Inspite of several

demands made by the respondent/plaintiff for the borrowed amount, the

petitioner has not come forward to pay the amount and hence a summary

suit was laid seeking recovery of money based on promissory note.

3. Since the respondent laid a suit as summary, the petitioner filed an

application seeking leave to defend the suit. In the affidavit filed in support

of the said application, it was stated by the petitioner that she borrowed a

sum of Rs.3,50,000/- from the respondent during the period 2016-2020 and

she paid the principal amount along with interest. It is further stated that the

petitioner has paid exorbitant interest which is exceeding the amount paid to

her. It is further stated by the petitioner that the respondent entered the chit

scheme run by the petitioner, the respondent was declared as successful

bidder and she has to pay amount as per contract under the chit transaction.

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C.R.P.No.432 of 2024

and C.M.P.No.2075 of 2024

4. Though the petitioner claims that she has paid the entire amount

along with interest during the period 2016-2020, she has not produced any

document along with petition seeking leave to defend to substantiate the

plea of discharge. The petitioner clearly admitted she borrowed

Rs.3,50,000/- from the respondent/plaintiff, the execution of promissory

note has not been denied in the affidavit of the petitioner. The only defence

raised by her is that amount has been paid with interest. However, to

substantiate her claim she has not produced any documents.

5. In such circumstances, the trial Court rightly came to the

conclusion that the petitioner failed to raise any substantial defence and

therefore, she is not entitled to leave to defend. I do not find any error in the

impugned order.

6. Accordingly, the Civil Revision Petition stands dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

05.02.2026

Index : Yes / No

Speaking order : Yes / No

Neutral Citation : Yes / No

ub

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C.R.P.No.432 of 2024

and C.M.P.No.2075 of 2024

S.SOUNTHAR, J.

ub

To

The XIV Assistant City Civil Court,

Chennai.

C.R.P.No.432 of 2024

05.02.2026

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