NAGARAJAN Vs. K. VENKATESAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 22.06.2007 made in I.A.No.7151 of 2007 in O.S.No.1220 of 2007 on the file of the II Assistant City Civil Court, Chennai.

(2.) The petitioner is defendant and respondent is the plaintiff in O.S.No. 1220 of 2007 on the file of the II Assistant City Civil Court, Chennai. The respondent filed the said suit under Order 37 of C.P.C for recovery of money against the petitioner as under Chapter Suit. The petitioner filed I.A.No.7151 of 2007 under Order 37, Rule 3 of C.P.C read with section 151 of C.P.C for leave to defend the suit. According to the petitioner, he did not borrow money from the respondent. The respondent's employer one Baliah took a blank promissory note in the year 2000 as a security for the chit transaction of one Manoharan with the said Baliah. The said Baliah is doing finance and chit transaction. He also took blank signed paper. The Baliah filled up the blank signed paper by incorporating the date as 07.04.2004, as if the petitioner borrowed a sum of Rs. 75,000/- from the respondent. There are triable issues and prayed for unconditional leave to defend the suit.

(3.) The respondent filed counter affidavit and contended that the petitioner borrowed a sum of Rs. 75,000/- and executed a promissory note, promising to repay the said amount altogether with interest at the rate of 24% p.a. The petitioner did not repay the said amount and did not send any reply to the notice issued by the respondent.