C.VICTORIA Vs. SUBRAMANI@PERIYATHAMBI

JUDGEMENT

(1.) The second appeal has been preferred against the Judgment and Decree, dated 18.12.2007 passed in A.S.No.46 of 2006 on the file of the Principal Subordinate Judge, Krishnagiri, confirming the Judgment and Decree, dated 20.01.2006 passed in O.S.No.373 of 2004 on the file of the District Munsif Court, Krishnagiri.

(2.) The respondent herein is the plaintiff, who filed the suit in O.S.No.373 of 2004 on the file of the trial court, seeking a money decree, based on a promissory note, dated 26.01.2001 executed by the appellant / defendant for a sum of Rs.50,000/- in favour of one Sundarambal.

(3.) According to the respondent / plaintiff, the said Sundarammal having received the consideration, made over the said promissory note in favour of the respondent / plaintiff. Subsequently, the respondent / plaintiff approached the appellant / defendant and demanded to repay the money and discharge the debt. As the appellant / defendant failed to repay the amount due and payable, on the promissory note, the respondent / plaintiff filed the suit before the trial Court. After the trial, the suit was decreed as prayed for with costs. Aggrieved by which, the appellant / defendant preferred appeal in A.S.No.46 of 2006 on the file of the Principal Subordinate Judge, Krishnagiri. The Principal Subordinate Judge, confirmed the Judgment and Decree passed by the trial Court and dismissed the appeal. Aggrieved by which, the second appeal has been preferred by the appellant / defendant.