S.SUBRAMANIAN Vs. DHARMALINGAM

JUDGEMENT

(1.) This second appeal has been filed by the appellant challenging the concurrent findings of both the Courts below.

(2.) The appellant herein is the second defendant in O.S.No.268 of 2002 on the file of the Sub-Court, Udhagamandalam. The said suit was filed by the respondent herein - plaintiff against the appellant herein and also one Mr.Premarajan seeking recovery of a sum of Rs.1,05,310/- together with interest and costs.

(3.) The said suit was filed on the basis that the appellant herein namely the second defendant borrowed a sum of Rs.40,000/- from the respondent - plaintiff. The plaintiff, in paragraph 3 of the plaint, stated that since the appellant herein - second defendant was unable to repay the loan amount to the respondent herein - plaintiff, the said Mr.Premarajan, who was the first defendant in the said suit, agreed to pay the said sum and executed a letter of undertaking to the respondent herein - plaintiff stating that he would pay a sum of Rs.40,000/- on or before 01.11.1994.