Sivaraj v. Somasundaram
Case brief
What is this about?
In this second appeal regarding recovery of money under promissory notes, the High Court upheld the validity of the notes but modified the interest rate from 9% to 6% per annum to meet the ends of justice, directing payment from the date of plaint.
What did the court decide?
The decree was modified; the appellant is directed to pay ₹31,737.50 with interest at 6% p.a. from the date of plaint.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2022
CORAM
THE HONOURABLE MRS.JUSTIC E R.HEMALATHA
S.A.NO.965 OF 2011
Sivaraj
...Appellant / Defendant
Vs.
Somasundaram
...Respondent / Plaintiff
Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 05.11.2008 passed in A.S. No.65 of 2008, on the file of the Principal Sub Court, Gobichettipalayam, upholding the decree and judgment dated 14.12.2007 passed in O.S. No.37 of 2007, on the file of the District Munsif Court, Gobichettipalayam.
For Appellant : Mr.P.R.Balasubramanian For Respondent : Mr.T.Sezhian for M/s. R. Meenal
Issues for consideration
2 issues framed by the court
Whether the lower appellate court properly appreciated the oral and documentary evidence to hold that the suit promissory notes were true and valid.
Whether modifying the interest rate granted by lower courts to meet the ends of justice in a case involving a farmer appellant is permissible.
Parties & counsel
- appellant
Sivaraj
- respondent
Somasundaram
Coram
E R. Hemalatha
Case details
As recorded by the court registry
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