D RAJINI SUKUMAR Vs. PUSHPA KUMARI

JUDGEMENT

(1.) The 2nd defendant has filed the above Civil Revision Petition, challenging the Order passed in I.A.No.3023 of 2009 in O.S.No.8309 of 2008 by the learned VI Assistant Judge, City Civil Court, Chennai, in and by which, the application filed by her seeking leave to defend the suit was dismissed.

(2.) The parties are described in the same array as in the suit. The plaintiff has filed the above suit for recovery of a sum of Rs.1,18,500/- together with interest on Rs.80,000/- at the rate of 24% per annum from the date of Plaint till the date of realization as an Under Chapter suit.

(3.) It is the case of the plaintiff that the 1st defendant in the suit had borrowed a sum of Rs.1,00,000/-, for which, he had executed a Promissory Note. The plaintiff would also contend that the 2nd defendant, who is the the wife of the 1st defendant, had guaranteed the due repayment of this money. It was her further case that since the 2nd defendant herein had not paid the borrowed amount, despite several requests being made and notice dated 11.01.2008, the plaintiff has filed the suit under Order 37 of the Code of Civil Procedure (hereinafter referred to as the "Code").