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IN THE COURT OF THE I ADDITIONAL SUBORDINATE JUDGE,
VILLUPURAM.
Present: Thiru.C. Sundarapandian, [Link].,B.L.,
I Additional Subordinate Judge, Villupuram.
Wednesday, the 16th day of March 2022
O.S. No.61 of 2019
(CNR NO:TNVP02-000289-2019)
[Link] W/o. (Late) Kumar ... Plaintiff
//Vs//
S. Sundari W/o. Soundara Rajan ... Defendant
This suit having been taken on file on 23.01.2019 and came up for final hearing on
09.03.2022 in the presence of [Link], Learned Counsel on behalf of the Plaintiff
and defendant called absent set exparte on 16.02.2021, upon perusing the case records, upon
hearing arguments of plaintiff side and having been stood over for consideration till this
date, this court delivered the following:-
JUDGMENT
This is a suit for recovery of money directing the defendant to pay a sum of
Rs.6,11,850/- with subsequent interest at the rate of 12% p.a. on principal amount of
Rs.4,50,000/- from the date of plaint till realization and the cost of the suit.
2. The plaint averments in brief is as follows:-
The defendant borrowed a sum of Rs.4,50,000/- as loan for her urgent family
expenses and other expenses as hand loan from the plaintiff on 24.01.2016, on
execution of demand promissory note in favour of the plaintiff agreeing to repay the
same together with interest at 12% p.a. on demand. Inspite of repeated demands
made by plaintiff in person and through her messangers to the defendant, between
June 2016 and August 2018, she has not repaid any sum neither towards the interest
nor the principal nor she has discharged the promissory note, by repaying the amount
due from the promissory note. The defendant neither paid the accrued interest nor she
came forward to discharge the suit promissory note despite making repeated demands
by her as mentioned above. The plaintiff, through her counsel, issued a legal notice
on 10.09.2018. The same was received by her husband Soundara Rajan and duly
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acknowledged on 14.09.2018. However, having received the legal notice, the
defendant neither issued any reply nor she came forward to discharge the suit
promissory note till date. The suit promissory note expires on 24.01.2019 and the
defendant has to pay her a sum of Rs.6,11,850/- the amount due from the suit
promissory note, along with accrued interest, as on 23.01.2019. Hence the suit. After
filing suit the plaintiff has taken steps to issue summons to defendant and same was
served. Inspite of sufficient opportunity were granted, defendant called absent on
16.02.2021 and she was set exparte.
3. Point for determination:-
1. Whether the plaintiff is entitled for recovery of suit amount as prayed for?
2. To what other relief is the plaintiff entitled to?
4. The plaintiff in order to substantiate her case has examined himself as PW1
and Ex.A1 to Ex.A3 were marked.
5. On Point:-
According to plaintiff, The defendant borrowed a sum of Rs.4,50,000/- as
loan for her urgent family expenses and other expenses as hand loan from the plaintiff
on 24.01.2016, on execution of demand promissory note in favour of the plaintiff
agreeing to repay the same together with interest at 12% p.a. on demand. Inspite of
repeated demands made by plaintiff in person and through her messangers to the
defendant, between June 2016 and August 2018, she has not repaid any sum neither
towards the interest nor the principal nor she has discharged the promissory note, by
repaying the amount due from the promissory note. The defendant neither paid the
accrued interest nor she came forward to discharge the suit promissory note despite
making repeated demands by her as mentioned above. The plaintiff, through her
counsel, issued a legal notice on 10.09.2018. The same was received by her husband
Soundara Rajan and duly acknowledged on 14.09.2018. However, having received
the legal notice, the defendant neither issued any reply nor she came forward to
discharge the suit promissory note till date. The suit promissory note expires on
24.01.2019 and the defendant has to pay her a sum of Rs.6,11,850/- the amount due
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from the suit promissory note, along with accrued interest, as on 23.01.2019. Hence
the suit. Even after service of summon and given opportunity to the defendant but she
failed to appear. Hence she was set exparte. In order to substantiate the case of
plaintiff, the plaintiff examined herself as PW1 and she has marked exhibits Ex.A1 to
Ex.A3.
6. The evidence of PW1 and Ex.A1 promissory note dated 24.01.2016, Ex.A2
is Legal notice issued by plaintiff to defendant dated 10.09.2018, Ex.A3
Acknowledgment card, establishes that the defendant had borrowed a sum of
Rs.4,50,000/- from the plaintiff on execution of pronote, but the defendant inspite of
remainder failed to repay the loan amount. From the Exhibit produced by plaintiff, it
is evident that the defendant had borrowed loan from plaintiff and she has not chosen
to repay the amount borrowed. The evidence of PW1 remains trustworthy.
Documents perused. Claim of plaintiff is proved. The plaintiff has proved her case
through oral and documentary evidence. In the absence of any contrary evidence this
court finds no reason to discard the evidence of plaintiff. Thus this court finds that
the plaintiff is entitled to the relief of recovery of the suit amount along with interest.
In the result, suit is decreed with costs directing the defendant to pay a sum of
Rs.6,11,850/- together with interest at 6% per annum for principal amount of
Rs.4,50,000/- from the date of filing of the plaint till the date of realisation. Two
months time is granted for payment.
Dictated to the Steno-typist, directly and typed on the computer, edited, print
out was taken and pronounced by me in the open court, on this the 16th day of March
2022. Digitally signed by C
C SUNDARAPANDIAN
SUNDARAPANDIAN Date: 2022.03.16
17:58:26 +0530
I Additional Subordinate Judge,
Villupuram.
LIST OF PLAINTIFF’S WITNESSES:
PW1 - [Link] W/o.(Late)Kumar
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LIST OF PLAINTIFF’S EXHIBITS:
Ex.A1 24.01.2016 Promissory note executed by defendant for Rs.4,50,000/-
Ex.A2 10.09.2018 Legal Notice issued by plaintiff to defendant
Ex.A3 -- Acknowledgment Card
LIST OF DEFENDANT’S SIDE WITNESSES & EXHIBITS:
-Nil-
Digitally signed by C
C SUNDARAPANDIAN
SUNDARAPANDIAN Date: 2022.03.16
17:58:34 +0530
I Additional Subordinate Judge,
Villupuram.