NAMASIVAYAM Vs. K MUNIAN

JUDGEMENT

(1.) This Second appeal has been filed against the judgment and decree of the First appellate Court, dated 29.01.2007, made in A.S.No.72 of 2006, on the file of the Principal Subordinate Court, Tiruvannamalai, confirming the judgment and decree, dated 25.10.2005, made in O.S.No.1025 of 2004, on the file of the Principal District Munsif Court, Tiruvannamalai.

(2.) The defendant in the suit, in O.S.No.1025 of 2004, is the appellant in the present second appeal and the plaintiff in the said suit is the respondent herein. The plaintiff had filed the suit praying for the relief of recovery of money, based on a promissory note, dated 06.01.2003, along with the interest thereon and for costs.

(3.) The suit had been filed for recovering a sum of Rs.40,370/- being the principal amount and for the interest on the said amount at 12% per annum. It had been stated that the defendant in the suit had executed the promissory note, dated 06.01.2003, in favour of the plaintiff for Rs.33,000/-, payable with interest at 12% per annum. It had been stated that the said sum had been borrowed by the defendant, from the plaintiff, for his family expenses, having executed a promissory note, on 06.01.2003, agreeing to repay the said amount, with interest at 12% per annum. Inspite of the oral demands made by the plaintiff, the defendant had not repaid the amount. Therefore, the plaintiff had issued a lawyer's notice, dated 10.07.2004. After having received the said notice, the defendant had issued a reply notice, on 14.07.2004, denying the claims made by the plaintiff. In such circumstances, the plaintiff had filed the suit, in O.S.No.1025 of 2004, on the file of the District Munsif Court, Tiruvannamalai.