A GANAPATHY Vs. R PERIYA GOUNDER (DECEASED)

JUDGEMENT

(1.) This second appeal has been filed by the defendant against the Judgment and Decree passed by the learned Principal Sub-Judge, Salem in A.S.No.118 of 1997 dated 21.10.1998 confirming the Judgment and Decree passed by the learned Principal District Munsif, Salem, in O.S.No.251 of 1996 dated 23.09.1996.

(2.) The first respondent herein has filed a suit for recovery of Rs.30,000/- with subsequent interest based on a pronote in O.S.No.732 of 1993 on the file of the Sub-Judge, Salem and it was subsequently transferred to the Principal District Munsif, Salem and taken on file as O.S.No.251 of 1996. The said suit was decreed by the learned Principal District Munsif, Salem by the Judgment dated 23.09.1996. As against the same, the appellant herein has filed an appeal in A.S.No.101 of 1997 on the file of the Principal District Judge, Salem and the same was transferred to the Principal Sub-Judge, Salem and taken on file as A.S.No.118 of 1997. The learned Principal Sub-Judge, Salem, has dismissed the said appeal confirming the judgment and decree passed by the Principal District Munsif, Salem. Aggrieved by the same, the defendant has filed the present second appeal. During pendency of this second appeal, the first respondent died and his legal representatives have been impleaded as respondents 2 and 3. For the sake of convenience, the parties are referred to as described before the trial court.

(3.) The averments made in the plaint are, in brief, as follows: