A. KALIYAPERUMAL Vs. G. SASIKUMAR

JUDGEMENT

(1.) The defendant in O.S.No. 35 of 2012 who suffered a decree for payment of money upon confirmation of the said judgment and decree in A.S.No. 111 of 2018 has come up with this second appeal.

(2.) The suit was laid by the plaintiff seeking recovery of a sum of Rs.6,79,834/- with subsequent interest on the principle of Rs.5,00,000/-. According to the plaintiff, the defendant had borrowed a sum of Rs.5,00,000/- from the plaintiff on 15.03.2009 agreeing to pay interest at 12% per annum. Since the defendant did not repay the money, despite repeated demands, the plaintiff constrained to issue legal notice on 09.01.2012. The defendant has not replied to the said legal notice hence, the plaintiff came up with the suit on 14.03.2012.

(3.) The defendant resisted the suit contending that he never borrowed money from the plaintiff and he does not know who the plaintiff is. According to the defendant, he had enemity with some of his colleagues and they had with an object of harrasing him created the suit promissory note in the name of the plaintiff and filed this suit. It is also claimed that the reply notice was issued to the suit notice on 16.04.2012.