K RASU Vs. MAYAVAN

JUDGEMENT

(1.) The plaintiff in O.S.No.663 of 1992 on the file of the Additional District Munsif Court, Villupuram, is the appellant. By judgment dated 08.07.1994, the suit was decreed. Thereafter, the defendants had filed A.S.No.8 of 1995 before the Subordinate Court, Villupuram. By judgment dated 22.01.1997, the appeal was allowed and the judgment of the trial court was set aside.

(2.) Challenging that judgment, the plaintiff has filed the present Second Appeal. The second appeal had been admitted on the following substantial questions of law:

(3.) The plaintiff, K.Rasu had filed the suit against three defendants namely, K.Mayavan, M.Periyasamy and M.Ranganathan seeking a judgment and decree for payment of a sum of Rs.6,342/-, on the basis of a promissory note dated 06.07.1989 for a sum of Rs.5,000/- and also for future interest and costs. According to the plaintiff, the defendants had borrowed a sum of Rs.5000/- and had executed a promissory note for the same. The promissory note bore interest at 9% per annum. Claiming that the amount had not been paid, the suit had been filed for the relief stated above.