A.L. MATHIALAGAN Vs. V. BALASUNDARAM

JUDGEMENT

(1.) As the matter lies in a narrow compass, namely, question as to granting of leave to sue, we have decided to dispose of this Appeal, at the admission stage itself.

(2.) The 2nd Defendant in C.S.No.313 of 2013, aggrieved by the dismissal of his Application No.810 of 2014 filed in C.S.No.313 of 2013 to revoke the leave granted in A.No.1867 of 2013 to institute the suit, has directed this Original Side Appeal.

(3.) On the basis of promissory notes, the 1st Respondent instituted the suit in C.S.No.313 of 2013 as against the Appellant (2nd Defendant) as well his wife (1st Defendant). The suit is for recovery of money, based on certain promissory notes. Since the Defendants were residing in Karaikudi in Sivagangai District, leave has been sought for in A.No.1867 of 2013. The learned Single Judge granted the leave. Out of the spouses, the husband (2nd Defendant) alone filed A.No.810 of 2014 to revoke the leave. The learned Single Judge repealling the contentions raised, dismissed his said application.