K. CHELLANMMAL Vs. P.OOMEN THOMAS

JUDGEMENT

(1.) The 3rd defendant in O.S.No.4867 of 2004, on the file of the VII Assistant Judge, City Civil Court, Chennai, is the civil revision petitioner before this Court.

(2.) The case of the defendant is that the respondent/plaintiff has filed a suit in O.S.No.4687 of 2004 against the petitioner/defendant for claiming a sum of Rs. 40,550.00together with interest on Rs. 25,000.00 at 1.90% per month from the date of plaint till realisation.

(3.) It is the case of the respondent/plaintiff that on 010.2001 at Chennai, this petitioner/3rd defendant, as a partner of the 1st defendant firm and as such agent of the other partners of the 1st defendant firm, executed a promissory note in favour of the respondent/plaintiff, in and by which, the defendants jointly and severally promised to pay to the plaintiff, or order on demand the sum of Rs. 12,500.00 together with interest thereon at 1.90% per month. On 05.10.2001, the 2nd defendant again received a cash on behalf of the 1st defendant and other partners and executed another promissory note in favour of the plaintiff, in and by which, the defendants jointly and severally promised to pay to the plaintiff, or order on demand the sum of Rs. 12,500.00 together with interest thereon at 1.90% per month. For each of the two promissory notes, the defendants paid interest for five months and failed to pay the entire principal and all the subsequent accumulated interest. When these petitioners/defendants have failed to pay the said amount of Rs. 40,550.00, this respondent/plaintiff has filed the above suit in O.S.No.4867 of 2004 before the learned VII Assistant Judge, City Civil Court, Chennai and seeking direction that the defendants be directed to pay a sum of Rs. 40,550.00 together with interest on Rs. 25,000.00 at 1.90% per month from this date of plaint till realisation to the respondent/plaintiff.