D. PRATISH Vs. PRERNA FINANCE

JUDGEMENT

(1.) This Civil Revision Petition is at the instance of the Petitioner/ Defendant. The Respondent/Plaintiff instituted O.S. No.7786 of 2022 on the file of the XXIII Additional City Civil Court, Allikulam at Chennai.

(2.) The Suit is for recovery of a sum of Rs.64,99,160.00 together with the Interest at the rate of 24% per annum. The Suit has been presented on the foot of three Promissory Notes said to have been executed by the Petitioner/Defendant in favour of the Respondent/Plaintiff. The Respondent/ Plaintiff also pleaded that in discharge of the said amounts, the Respondent/ Plaintiff had transferred part payments on several days commencing from 9/2/2013 and concluding with 10/1/2018. He had given the List of Payments that had been made by the Respondent/Plaintiff as a Schedule to the Plaint.

(3.) Being an under chapter Suit, on the Petitioner/Defendant entering appearance, he gave Notice of appearance, for which, Summons for Judgment had also been filed by the Respondent/Plaintiff. Immediately, the Petitioner/Defendant took out an Application for Leave to Defend. The Application, seeking for Leave to Defend, was numbered in I.A. No.3 of 2023 and after receipt of a Counter, the said Application came to be dismissed by the learned Trial Judge on 29/1/2024, against which, the present Revision Case is filed.