DEVI PALANISAMY Vs. H. SURESH KUMAR

JUDGEMENT

(1.) The defendant in O.S.No.6550 of 2010 on the file of the learned IV Assistant Judge, City Civil Court, Chennai is the Civil Revision Petitioner before this Court, challenging the order of refusing the grant of unconditional leave to defend the suit in I.A.No.22854 of 2010 in O.S.No.6550 of 2010 dated 01.02.2011.

(2.) It is the case of the respondent/plaintiff is that he has filed a suit in O.S.No.6550 of 2010 before the learned IV Assistant Judge, City Civil Court, Chennai under Order 37, Rule 3 of C.P.C., against this petitioner/defendant for recovery of a sum of Rs. 5,00,000.00together with interest of Rs. 3,20,000.00 at the rate of 24% per annum from the date of plaint till the date of realization.

(3.) It is the case of the plaintiff in the suit that on 26.10.2007 and 27.10.2007, the defendant by namely Smt.Devi Palanisamy has approached the respondent/plaintiff and requested for a sum of Rs. 2,50,000.00 each on two occasions for interest and on receipt of the said amount, this petitioner/defendant promised to pay to the plaintiff, or order on demand the said sum of Rs. 5,00,000.00 together with interest at the rate of 24% per annum by executing the two pronotes.