S. JAYARAMAN Vs. M. ARUMUGHAM

JUDGEMENT

(1.) The brief averments find in the suit plaint is that the defendant borrowed a sum of Rs.1,00,000/ - from the plaintiff and executed the suit promissory note agreeing to repay the said amount with interest at the rate of 2% per month, that the defendant paid interest upto the month of April, 1999 and failed to repay the remaining amount and that a decree may be passed against the defendant directing him to repay a sum of Rs.1,16,000/ - with interest and costs.

(2.) In the counter filed by the defendant, the following contentions have been raised: -

(3.) On the plaintiff's side plaintiff examined as P.W.1 and marked 6 documents and on the side of the defendant three witnesses were examined and 6 documents were exhibited. After perused the oral testimony and documents of both sides, the trial Court has decreed the suit as prayed for accepting the contention of the plaintiff that the defendant having borrowed a sum of Rs.1,00,000/ - and executed the suit promissory note on 6.3.1988. In the appeal preferred by the defendant the learned Principal Judge, City Civil Court, Chennai has dismissed the appeal and confirmed the Judgment and decree of the trial Court. Aggrieved against that order the defendant preferred this Second Appeal. In this Second Appeal the following substantial questions of law have arisen for consideration : -