VARKEY C S Vs. SUNNY ZACHARIAS

JUDGEMENT

(1.) In this intra-court appeal filed under Section 5 of the Kerala High Court Act, 1958, the appellant who was the plaintiff in O.S. No. 237/1984 on the file of the Subordinate Judge's Court, Kottayam challenges the judgment and decree dated 03.02.1997 passed by a learned Single Judge of this Court in A.S. No. 269/1988. The aforementioned suit O.S. No. 237/1984 was one for realisation of a sum of Rs. . 28966.65 with 12% interest on the principal amount of Rs. . 25,000/- from the date of the suit namely 09.11.1984.

(2.) The case of the plaintiff can be summarised as follows;-

(3.) The suit is resisted by the defendant contending inter alia as follows:-