RAMESH BABU Vs. K.SELVARAJ

JUDGEMENT

(1.) THIS appeal suit has been preferred against the judgment and decree dated 7.3.2003 in O.S.No.230 of 2000 passed by the learned Additional Sub Judge (In-charge) Mayiladuthurai.

(2.) THE appellant is the defendant in O.S.No.230 of 2000. THE respondent/plaintiff has filed the above suit for recovery of amount based on a pronote, said to have been executed by the appellant for Rs.9,00,000/- on 21.12.1997 agreeing to repay the same at 18% p.a. in favour of the plaintiff through a common friend, namely, Sivaji. THE case of the respondent/plaintiff is that after borrowing the amount, the appellant has failed to repay the same and even the respondent was unable to find the appellant for insisting the loan amount since he was absconding. In such circumstances, the respondent has filed the above said suit.

(3.) THE following are the points for consideration: 1) Whether the suit promissory note is supported by consideration? 2) Whether the suit promissory note was brought about under the circumstances mentioned in the written statement? 3) Whether the Court below is right in decreeing the suit? 4) To what relief is the appellant entitled?