A KALIYAMURTHI Vs. A THANDAVARAYA

JUDGEMENT

(1.) This second appeal is filed by the plaintiff inveighing the judgment and decree dated 25.4.2006 passed by the Principal District Judge, Cuddalore, in A.S. No. 12 of 2006 wherein and by which the judgment and decree dated 02.11.2005 recorded in a suit for recovery in O.S. No. 46 of 2004 on the file of the Subordinate Judge, Panruti, were reversed allowing the First Appeal at the instance of the defendant. The case of the plaintiff is that the defendant borrowed a sum of Rs. 50,000/- on 17.4.1998 by executing a promissory note in his favour undertaking to repay the same on demand with interest at 12% and on 15.4.2001, he paid a sum of Rs. 200/- towards the said pro-note and made an endorsement for the same. It is stated that again, on 17.4.2001, the plaintiff lent him a sum of Rs. 44,000/- on another promissory note with the same undertaking. While so, when the plaintiff demanded repayment of the amount, the defendant did not discharge the said pro-notes and hence, he issued an advocate notice on 05.4.2004 but the same was not received by the defendant. Hence, the plaintiff filed the suit for recovery of the amount of Rs. 1,45,640/-.

(2.) Resisting the suit, the defendant filed written statement denying all the averments made in the plaint. According to him, on 17.4.1985, he borrowed Rs. 4600/- from the plaintiff as a hand loan with interest at 36% per annum and subsequently, at the request of the plaintiff, he executed a promissory note for Rs. 50,000/-. He also denied the issuance of notice and sought for dismissal of the suit.

(3.) Before the trial Court, the plaintiff examined himself as P.W. 1 and marked Exs. A.1 to A.5. To nullify the evidence of the plaintiff, the defendant examined himself as D.W. 1 and marked Ex. B.1.