K M THANGAMUTHU Vs. VELLIANGIRI

JUDGEMENT

(1.) This Second Appeal has been filed by the defendant against the judgment and decree passed by the First Additional District Judge - cum - Chief Judicial Magistrate, Erode, in A.S.No.257 of 1998 dated 13.06.2000, reversing the judgment and decree passed by the Sub-Judge, Dharapuram in O.S.No.288 of 1993 dated 13.06.1997.

(2.) The respondent herein has filed a suit in O.S.No.288 of 1993 on the file of the Sub-Judge, Dharapuram for recovery of Rs. 40,800/- and further interest based on the Promissory Note said to have been executed by the appellant herein. The learned Sub-Judge, Dharapuram, by the judgment dated 13.06.1997 has dismissed the said suit with cost. Aggrieved by the same, the respondent herein has filed an appeal in A.S.No.257 of 1998 on the file of the First Additional District Judge - cum - Chief Judicial Magistrate, Erode. The learned First Additional District Judge - cum - Chief Judicial Magistrate by the judgment dated 13.06.2000 has allowed the said appeal and set-aside the judgment and decree passed by the trial Court and decreed the suit directing the defendant to pay the suit amount of Rs. 40,800/- with interest for the principal amount of Rs. 30,000/- at the rate of 9% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till the date of realization and also directed the defendant to pay the cost. Feeling aggrieved, the defendant has filed the present Second Appeal. 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: