V. KANNAN Vs. G. RAMESH

JUDGEMENT

(1.) The Second Appeal is filed challenging the Judgment and Decree dtd. 26/2/2020 passed A.S.No.28 of 2017 by the learned I Additional District and Session Judge, Cuddalore, confirming the Decree and Judgment passed in O.S.No.72 of 2016 dtd. 7/3/2017 by the learned Principal Subordinate Judge, Cuddalore.

(2.) Respondent filed the suit for recovery of sum of Rs.1,35,667.00 from the Appellant with the interest at the rate of 12% per annum from the date of Plaint till the date of Decree and thereafter at the rate of 6% per annum till the date of realization and for costs.

(3.) The brief case of the Respondent is that Appellant borrowed a sum of Rs.1,00,000.00 from the Plaintiff on 31/3/2013 for his family expenses and executed a promissory note in favour of the Respondent, undertaking to repay the principal amount with interest at the rate of 12% per annum. Appellant has not paid any amount either towards principal or interest, despite repeated oral demand and inspite of causing a legal notice dtd. 2/3/2016. Appellant received the notice, but did not send any reply, no payment was also made. Therefore, Suit was filed.