HERBERT DAVID Vs. A.SELVIN

JUDGEMENT

(1.) The defendant is the appellant.

(2.) The plaintiff has filed O.S. No. 288 of 2011 before the Additional Subordinate Court, Tirunelveli for recovery of money for a sum of Rs.4,00,000.00 from the defendant based upon a pro-note dtd. 29/7/2010 said to have been executed by the defendant which is marked as Exhibit A1. The suit was decreed as prayed for by the plaintiff. As against the same, the defendant filed A.S. No. 26 of 2017. The learned Additional District Judge, Tirunelveli was pleased to dismiss the appeal. As against the concurrent findings, the present second appeal has been filed by the defendant.

(3.) According to the plaintiff, the defendant had borrowed a sum of Rs.4,00,000.00 on 29/7/2010 agreeing to repay the principal amount along with interest at the rate of 12% per annum on demand. The plaintiff has further contended that he issued a legal notice on 5/9/2011 under Exhibit A2 and the same was returned as refused on 12/9/2011 under Exhibit A3. Hence, the present suit for recovery of money.