K DURAISAMY Vs. S VELMURUGAN

JUDGEMENT

(1.) THE defendant in O.S.No.9581 of 2006 on the file of the XVII Assistant City Civil Court, Chennai (incharge of XVI Assistant Judge, City Civil Court, Chennai) is the revision petitioner before this Court. He is aggrieved by the order of the trial court dated 07.01.2008 by which the petition filed by him in I.A.No.17767 of 2007 under Order XIV Rule 2 read with Sec.20 and Sec.151 of C.P.C. to try the issue of territorial jurisdiction as the preliminary issue was dismissed by the trial court.

(2.) THE respondent herein as plaintiff filed O.S.No.9581 of 2006 on the file of the XVII Assistant Judge, City Civil Court, Chennai praying to pass a judgment and decree directing the revision petitioner/defendant to pay a sum of Rs.54,400/- (which includes interest of Rs.14,400/-) and also directing the revision petitioner/ defendant to pay the interest at the rate of 12% per annum on the principal amount of Rs.40,000/- from the date of the filing of the plaint till the date of realisation of the said amount.

(3.) THE revision petitioner/defendant entered appearance in the suit and filed a written statement wherein he denied that he borrowed a sum of Rs.40,000/- from the respondent/ plaintiff on 26.10.2006. According to the revision petitioner/defendant, he borrowed a sum of Rs.10,000/- from one Thiru S. Pugalenthi of Salem in the year 1999 and the said S. Pugalenthi is a money lender. THE above said money lender forced the revision petitioner/defendant to sign some blank stamp papers and unfilled Promissory Notes at the time when the revision petitioner/defendant borrowed the sum of Rs.10,000/- He repaid the entire amount of Rs.10,000/- with interest to the money lender Thiru S. Pugalenthi in the year 2003. THEreafter, the said S. Pugalenthi instead of returning the blank promissory notes and the blank stamp papers, demanded another sum of Rs.10,000/- from the revision petitioner/defendant.