KARRUPPIAH Vs. RAMASUBBU NAICKER

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree of the learned subordinate Judge, Thenkasi in Appeal Suit No. 128 of 1982 in confirming that of the learned District Munsif, Sankarankoil in Original Suit No. 6 of 1982. The defendant in the suit is the appellant in the above Second Appeal.

(2.) THE suit was filed on a promissory note. THE plaintiff claimed that on 7.1.1975 the defendant had received a sum of Rs. 6,800/- and executed a promissory note. THErefore, the total amount Rs. 8571.40 was due. THE plaintiff contended that the defendant is not entitled to the benefit of the Debt Relief Act, 1979;

(3.) THEREFORE I am unable to accept the interpretation which is sought to be placed upon by the learned "counsel as regards the relevant statutory provisions under Act 13 of 1980 as well as the judgment of the Division Bench.