SELVARAJ Vs. RADHAKRISHNAN

JUDGEMENT

(1.) The Second Appeal has been preferred against the Judgment and decree dated 12.06.2008, passed in A.S.No.82 of 2006 on the file of the Subordinate Judge, Sankarankovil, reversing the Judgment dated 22.06.2005, passed in O.S.No.27 of 2004 on the file of the Principal District Munsif Court,Sankarankovi.

(2.) The suit in O.S.No.27 of 2004 was filed by the plaintiff for recovery of money on the pro-note executed by the defendant.

(3.) The case of the plaintiff in that suit was that the defendant borrowed a sum of Rs.50,000/- on 01.02.1999 for his urgent family expenses and executed the said pro-note and the said amount was not repaid by the defendant, in spite of repeated demands. On 12.09.2001, the plaintiff issued legal notice for which a reply has been sent by the defendant, on 24.09.2001, denying the execution of the pro-note and it has also been stated that it has been fraudulently created by the plaintiff.