D. KRISHNAN Vs. T.C. RAMASWAMY

JUDGEMENT

(1.) Challenge in this second appeal is made by the defendant against the Judgment and decree dtd. 22/11/2010 passed in A.S.No.11 of 2010 on the file of the District Judge, Nilgiris at Uthagamandalam reversing the judgment and decree dtd. 29/6/2010 passed in O.S.No.11 of 2009 on the file of the Subordinate Judge, Nilgiris at Uthagamandalam.

(2.) The Second Appeal has been admitted and the following substantial questions of law are formulated for consideration.

(3.) The suit has been laid by the plaintiff for recovery of money on the basis of a promissory note. According to the plaintiff, the defendant borrowed a sum of Rs.2,50,000.00 from him and in evidence there of executed the suit promissory note on 8/1/2006 marked as Ex.A1, promissing to repay the said sum with interest and inasmuch as the defendant had failed to honour the claim despite several demands and also even after the issuance of the legal notice dtd. 6/11/2008, the copy of which has been marked as Ex.A2, according to the plaintiff, he has been necessitated to lay the suit.