ALAGULAKSHMI Vs. DURAIPANDIAN

JUDGEMENT

(1.) The defendant is the revision petitioner before this Court. The challenge is to an application refusing to reject the plaint filed by the respondent / plaintiff.

(2.) It is necessary to allude briefly to the facts of the case in order to appreciate the challenge to the impugned order.

(3.) The respondent / plaintiff had filed a suit in O.S.No.439 of 2002 before the learned Principal Sub-Court, Dindigul seeking recovery of a sum of Rs.1,28,400/- together with interest on Rs.1,00,000/- at the rate of 24% per annum from the defendants. The case of the plaintiff is that the defendant had borrowed the said amount promising to repay the same every month at the rate of Rs.100/- and on 10.07.2000 the plaintiff executed a promissory note. The defendant did not keep his promise and hence, legal notice was also sent on 22.08.2002. However, there was no response from the defendant either in the form of reply or in the form of payment, though the said notice has been received by him on 23.08.2002.