K N CHIDAMBARAM Vs. K N LAKSHMANAN

JUDGEMENT

(1.) PLAINTIFF is the appellant.

(2.) THE suit has been filed by the plaintiff for recovery of the suit claim contending that the defendant who is his brother, borrowed 10,000 dollars from him while they were at Malaysia and repaid 3,100 dollars on three different dates and even though he has filed a suit in Malaysia in Civil Action No. 1816 of 1978 in the Sessions Court at Kuala-lumpur and obtained a decree on account of the default of appearance by the defendant, he has filed the suit at Devakottai on the original cause of action since the defendant had executed a promissory note agreeing to repay the amount borrowed, which could not be executed in India on account of the fact that the decree passed against the defendant was on account of the default of appearance by the defendant.

(3.) IN the additional written statement filed by him, the defendant has claimed benefits under Act 13 of 1980. It was contended that the suit debt is deemed to have been discharged under Sec.4(c) of the Act.