KANAGARAJ Vs. RAMAMOORTHY

JUDGEMENT

(1.) The Civil Revision Petition is directed against the order passed in I.A.No.100/2020, in O.S.No. 5 of 2019, dtd. 5/1/2021, on the file of the Additional District Judge (Fast Track Court) Palani, in allowing the petition filed under Sec. 73 of Indian Evidence Act and under Order 26 Rules 9 and 10 of the Code of Civil Procedure.

(2.) The revision petitioner is the plaintiff and he filed the suit in O.S.No.5 of 2019, for recovery of money due on a promissory note. The respondent/defendant has filed the written statement and is contesting the suit.

(3.) The case of the plaintiff is that the defendant borrowed a sum of Rs.30,00,000.00 on 4/10/2016, for his family expenses and for constructing building from the plaintiff and executed a promissory note agreeing to repay the principal amount with interest at 12% per annum either to the plaintiff or to his order on demand, that despite the repeated requests, the defendant has failed to pay any amount towards principal or interest and that therefore, the plaintiff was constrained to file the above suit for recovery of Rs.38,10,000.00 with interest at 12% per annum from the date of suit till payment and for costs.