C. NALLAMUTHU PETITIONER Vs. D. DURGA DEVI

JUDGEMENT

(1.) Challenging the order passed in the un-numbered suits in O.S(SR). Nos. 41305 and 41306 of 2015 on the file of the I Assistant Judge, City Civil Court, Chennai, the plaintiff has filed the above Civil Revision Petitions.

(2.) The plaintiff filed the suits in O.S(SR). Nos. 41305 and 41306 of 2015 for recovery of money based on two pro-notes dtd. 4/10/2009 alleged to have been executed by the defendant. The suits were filed before the trial Court on 1/9/2015 The trial Court rejected the plaints on the ground that the suits were filed after the period of limitation.

(3.) On a reading of the cause of action paragraph in the plaints, it could be seen that the suits were filed based on two pro-notes dtd. 4/10/2009 and that the plaintiff issued a legal notice on 4/9/2012 calling upon the defendant to re-pay the loan amount. Further, in the cause of action paragraph, it has been stated that the defendant had received the notices dtd. 4/9/2012 on 6/9/2012