IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE, TIRUPPUR.

PRESENT: Swarnam J. Natarajan M.L.,

Principal District Judge, Tiruppur

Tuesday, the 15th day of February, 2022

Thiruvalluvarandu 2052, Sri Pilava year, 3rd day of Maasi month
Original Suit No. 554 / 2019
(CNR.No.TNTI 18- 004908 - 2019)

R.Raja .. Plaintiff
Vs.
M.Karumalaiyan .. Defendant

Thiru.S.Sooriyamoorthi, advocate appeared for the plaintiff, though

summons was served on the defendant, he has not turned up, publication
effected and the suit was posted to today i.e. on 15.02.2022 before me for
exparte evidence, upon hearing the arguments on the side of plaintiff, upon
perusing the evidence and documents on the side of plaintiff, the case having
stood over for consideration till this day, this Court deliver the
following :
JUDGMENT
The plaintiff has instituted the suit for recovery of a sum of
Rs.13,59,672/- based on the promissory note dated 07.11.2016 with
subsequent interest at 12% p.a. on the principal sum of Rs.10,00,000/- and for
the costs of the suit.
2)The facts stated in the plaint in brief is as follows:
According to the plaintiff, the defendant had borrowed Rs.10,00,000/-
on 7.11.2016 for his family expenses and for development of his business and
 2 O.S.No.554/2019

executed a promissory note and agreeing to repay the said amount with
interest at 12% p.a. From the date of execution of the document, he neither
paid the principal amount nor interest and in spite of repeated demands, the
defendant failed to repay the loan amount. He was making attempts to
alienate the suit property. Therefore, the suit was instituted without waiting
for pre-suit notice and reply.
3) The case was originally made over to the I Additional District
Court, Tiruppur and he served with summons during lock down period. The
defendant had not appeared from 2.04.2020 to 15.02.2021. Thereafter, the
publication was ordered by the Court by way of abundant caution in local
Tamil Daily and in spite of publication being effected, the defendant failed
to appear and contest the matter. Therefore, today exparte evidence of the
plaintiff was recorded. The suit promissory note was marked as Ex.A.1,
which reveals that the plaintiff had lent Rs.10,00,000/- as claimed in the
plaint and the defendant had borrowed the said amount agreeing to repay the
same with interest at the rate of 12% p.a. The promissory note was attested
by the witness Nageshwari. The defendant had also affixed his thumb
impression in the promissory note and from the date of suit till today, the
defendant had neither approached the Court to set aside the exparte order in
order to settle the suit claim.
4) Considering the plaint averments and the evidence of plaintiff, this
Court has satisfied that the defendant has borrowed Rs.10,00,000/- from the
plaintiff on 07.11.2016 and executed the suit promissory note. Hence, the
plaintiff is entitled for the suit claim with interest.
In the result, the suit is decreed with costs and the defendant is
directed to pay to the plaintiff a sum of 13,59,672/- with subsequent interest
on the principal amount of Rs.10,00,000/- at the rate of 7.5% p.a from the

Dated 15.02.2022 Principal District Court, Tiruppur

 3 O.S.No.554//2019

date of suit till the date of decree (15.02.2022), thereafter at the rate of 6%
p.a. till the date of realization. Time for payment is one month.
Dictated by me to the steno-typist, transcribed and typed by her,
corrected and pronounced by me in the open court today the 15th day of
February, 2022.
Digitally signed
SWARNAM by SWARNAM J
J Principal District Judge,
NATARAJAN
NATARAJAN Date:
Tiruppur. 2022.02.17
17:41:34 +0530

LIST OF WITNESS EXAMINED ON THE SIDE OF PLAINTIFF:

P.W.1 R.Raja

LIST OF EXHIBIT MARKED ON THE SIDE OF THE PLAINTIFF:

Ex.A.1 07.11.16 Original promissory note executed by the

defendant in favour of the plaintiff for
Rs.10,00,000/-

LIST OF WITNESSES AND EXHIBITS MARKED ON THE SIDE OF THE

DEFENDANT : Nil

Digitally signed
Principal District
by Judge,
SWARNAM J
NATARAJAN
SWARNAM J
Tiruppur.
NATARAJAN Date: 2022.02.17
17:41:54
+0530

Dated 15.02.2022 Principal District Court, Tiruppur