Mr.P.Munuswamy v. G.Vijayalakshmi
Case brief
What is this about?
In a suit for recovery on promissory notes, this Court set aside an ex-parte order despite the defendant's earlier default. Finding the execution of notes admitted but the damages claim unsubstantiated, the decree was restricted to the principal sum with adjusted interest rates.
What did the court decide?
Decreed for Rs.13,00,000/- after adjusting deposited sum, with specific interest percentages contingent on time elapsed since suit filing.
What the court decided
A compact analysis
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.454 of 2014
P.Munuswamy
... Plaintiff
Versus
G.Vijayalakshmi ... Defendant
Plaint filed under Order VI Rule 1 of Original Side Rules read with
Order VII Rule 1 of Civil Procedure Code praying to pass a judgment and decree:
- a) directing the defendant to pay a sum of Rs.23,00,000/- being the sum payable towards principal in a sum of Rs.20,00,000/- besides interest @ 12% per annum computable from 01.04.2013 up to 01.07.2014 that works out to Rs.3,00,000/- based on the two promissory Notes executed by the defendant dated 09.10.2012 both in the name of the plaintiff and his wife;
- b) directing the defendant to pay a sum of Rs.3,00,000/- towards damages for the mental agony and hardship faced by the plaintiff due to the willful and deliberate act of the defendant who is adopting dilatory tactics by dragging the plaintiff to pillar and post at this age;
Issues for consideration
2 issues framed by the court
Whether the plaintiff is entitled to recovery based on admitted promissory notes despite defendant's initial failure to prosecute.
Whether the claim for damages towards mental agony and hardship is maintainable without evidence.
Coram
R.Subramanian
Case details
As recorded by the court registry
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