AS(MD),No.202 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

AS(MD).No.202 of 2022 and

CMP(MD).No.8993 of 2022

S.Sengamalam

... Appellant/ defendant

Vs.

G. Krishnan

.. Respondent / plaintiff

PRAYER: This Appeal Suit filed under Order 41 Rule 10 CPC against the

Judgment and Decree passed in O.S.No.9 of 2018 on the file of the District

Judge, Karur District, dated 17.11.2021.

For Appellant

: Mr. C.M. Arumugam

For Respondent

: Mr.K. Devaraj

JUDGMENT

Aggrieved over the decree and Judgment of the trial Court

decreeing the suit for a sum of Rs.8,50,000/-, the present appeal came to

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AS(MD),No.202 of 2022

be filed.

2. For the sake of convenience, the parties are referred herein

as per their ranking before the trial Court.

3. The brief facts of the case of the plaintiff is as follows:

The defendant borrowed a sum of Rs.8,50,000/- on

06.10.2016 for urgent family expenses from the plaintiff and executed a

pronote on the same day agreeing to pay interest at the rate of 0.05 paise

per hundred rupee per day. Despite repeated demands and requests made

by the plaintiff, the defen