ELANGOVAN Vs. SIVASAMY

JUDGEMENT

(1.) In this second appeal, challenge is made by the defendant against the judgment and decree dated 31.08.2009 made in A.S.No.51 of 2008 on the file of the Principal District Court, Perambalur, reversing the judgment and decree dated 19.12.2007 made in O.S.No.34 of 2005 on the file of the Sub Court, Ariyalur.

(2.) The suit has been laid by the plaintiff for recovery of money on the basis of the promissory note.

(3.) According to the plaintiff, the defendant, on 14.04.2002, borrowed a sum of Rs. 1,00,000.00 from him and in evidence thereof, executed the suit promissory note promising to repay the said sum with interest on demand. Inasmuch as the defendant failed to honour his promise despite several demands and also the issuance of notice, according to the plaintiff, he has been necessitated to institute the suit.