A.VELAPPAN PILLAI Vs. R. SUDHAKARAN PILLAI

JUDGEMENT

(1.) The defendant in the suit is the appellant in the above second appeal. The respondent herein filed a suit in O.S.No.1 of 2007 on the file of the Sub Court, Padmanabhapuram, against the appellant herein for recovery of a sum of Rs. 1,36,000.00 with interest at the rate of 9% per annum on the principal sum of Rs. 1,00,000.00.

(2.) The case of the plaintiff/respondent is that the defendant/appellant borrowed a sum of Rs.1,00,000.00 from the plaintiff/respondent on 28.12.2003 agreeing to repay the same with interest at the rate of 12% per annum. It is also the case of the plaintiff/respondent that in evidence of the transaction, the defendant/appellant issued a post dated cheque dated 01.01.2004 drawn on Catholic Cyrian Bank, Nagercoil.

(3.) It was the further case of the plaintiff/respondent that the defendant/appellant requested the plaintiff/respondent not to present the cheque on 01.01.2004 and promised to pay the amount as early as possible. Since the defendant/appellant was evading repayment under one pretext or the other, the plaintiff/respondent submitted that he issued a notice on 07.12.2006 to the defendant/appellant through his Lawyer and that the defendant/appellant did not reply after receiving the notice. The suit was filed only on 28.12.2006 and the plaintiff/respondent has explained that the last date for filing the suit fell on 27.12.2006 and that the suit is filed on 28.12.2006 on the reopening day of the Court after Christmas holidays.