S.KUMARASWAMY Vs. KANNIAPPAN

JUDGEMENT

(1.) The unsuccessful plaintiff before both the courts below has filed the present second appeal.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their ranking in the present appeal would also be indicated.

(3.) The case of the appellant/plaintiff is that the respondent/defendant borrowed a sum of Rs.40,000.00 on 15/11/1998, promising to repay the principal together with interest @ 12% per annum and that despite repeated demands made by the plaintiff, the defendant did not pay any amount due under the promissory note Ex.A1. Therefore, a notice dtd. 31/10/2000, a copy of which is marked as Ex.A2, was issued by the plaintiff to the defendant, for which the defendant sent a reply notice dtd. 17/11/2000, a copy of which is marked as Ex.A3, containing false allegations. He, therefore, filed a suit for recovery of a sum of Rs.54,373.0070 together with interest @ 12% per annum from the date of plaint till the date of realisation.