P RAMASAMY Vs. K CHINNAMMAL

JUDGEMENT

(1.) THIS second appeal has been filed at the instance of the defendant, challenging the decree and judgment dated 13.7.2001 passed by the learned II Additional District Judge, Erode, in A.S. No. 76 of 2001, whereby the decree and judgment dated 8.7.1994 passed by the learned I Additional Subordinate Judge. Erode, in O.S. No. 689 of 1992, were set aside.

(2.) THE respondent herein is the plaintiff, who instituted the said suit against the defendant/appellant, for recovery of a sum of Rs.31,920/- with interest stating that on 12.1.1990, the appellant borrowed a sum of Rs.24,000/- from the plaintiff by executing a pronote and also agreeing to repay the same with interest at the rate of 24% per annum. But, in spite of the-repeated oral demands made by the plaintiff, the defendant did not repay the loan amount and hence, the plaintiff caused a legal notice on 28.11.1990; but the defendant was evading from paying the said amount on false grounds. Hence, the suit.

(3.) AT the time of admission of the second appeal, this Court framed the following substantial questions of law for consideration: