P.SUNDARESWAR Vs. PINKY JAIN

JUDGEMENT

(1.) The appellant is the defendant in O.S. No.3107 of 2003 on the file of the XIII Assistant Judge, City Civil Court, Chennai. The plaintiff filed the said suit for recovery of a sum of Rs.75,933.00 due on a pro-note together with interest @ 30% per annum on the principal of Rs.40,000.00from the date of plaint till the date of realisation.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

(3.) The case of the plaintiff is that the defendant borrowed a sum of Rs.40,000.00 on 10/6/2000 from him and executed a pro-note (Ex.A2) promising to repay the principal together with interest at the rate of 30% per annum on his demand or to his order. His further contention is that though it was agreed between the parties that the interest for the loan amount should be paid in advance for every three months period, the defendant did not pay any amount either towards the principal or interest and all her efforts to get the money back from the defendant went in vein. The plaintiff, therefore, issued a notice dtd. 16/5/2003 (Ex.A3) to the defendant demanding him to pay the amount due under the pro-note Ex.A2. The defendant sent a reply dtd. 27/5/2003 (Ex.A4) which according to the plaintiff contained false allegations. The plaintiff also sent a rejoinder dtd. 2/6/2003 (Ex.A5) and requested the defendant to go over to the office of her counsel to inspect the pro-note. But the defendant did not turn up. He did not also come forward to make good the payment. She therefore, filed the suit for recovery of the amount due under Ex.A2.