K MANI Vs. ELUMALAI

JUDGEMENT

(1.) THE defendant is the appellant. THE plaintiff filed a suit for recovery of the amount due on promissory notes dated 3.2.1998 and 15.7.1998.

(2.) THE plaintiff's case is that on 3.2.1998, the defendant borrowed a sum of Rs.3500 promising to repay the same together with 12% interest per annum and executed the first promissory note. THE defendant also borrowed another sum of Rs.5000 on 15.7.1998 and executed the second promissory note, promising to repay the same together with 12% interest per annum. THE defendant has not paid any amount towards these promissory notes and to the notice dated 23.7.1999, the defendant sent a reply on 5.8.1999. As the defendant has not paid the amount, the plaintiff laid the suit.

(3.) THE appellant has raised two Substantial Questions of Law in this second appeal, which are,