S SORNAM Vs. N SELVARAJ

JUDGEMENT

(1.) Since CRP (NPD) Nos.1204 and 1205 of 2006 are arising out of I.A.Nos.311 and 463 of 2005 which are part and parcel of appeal in A.S.No.53 of 2004, they are jointly taken up together for common disposal.

(2.) The present second appeal has been brought by the defendant being aggrieved by the concurrent findings of both the Courts below.

(3.) The plaintiff / respondent herein filed a suit on the file of the learned Sub Judge, Coimbatore, for recovery of sum of Rs.40,000/- with interest at the rate of 18% p.a. from the date of suit till the date of realization. The appellant / defendant said to have borrowed a sum of Rs.40,000/-, by executing a promissory note, dated 09.09.1996, in favour of the plaintiff / respondent herein, on promise to repay the amount with interest at the rate of 18%. Since the defendant / appellant herein failed to repay the entire amount even after several demands in person and followed by a lawyer notice dated 29.08.1998, finding that the defendant / appellant herein has successfully evaded to make any payment even after the acknowledgment of notice, the plaintiff / respondent filed a suit for recovery of the sum of Rs.40,000/-.