M.Dhandapani, J. - (1.) The appellant/defendant filed an appeal before this court against the reversing the Judgment and decree of the lower appellate court.
(2.) The case of the appellant is as follows: The respondent/plaintiff filed a suit for a recovery of money of Rs.30,000/-, based on the pronote executed by the appellant/defendant. The lower court dismissed the suit. Aggrieved by the same, the respondent/plaintiff filed an appeal before the first appellate court in A.S.No.17 of 2002 on the file of the learned Principal District Judge, Nagapattinam. The lower appellate court set aside the lower court decree and passed a decree in favour of the respondent/plaintiff and granted relief for recovery of money in favour of the respondent/plaintiff. As against the same, the present Second Appeal is filed.
(3.) The case of the appellant/defendant is as follows: The appellant/defendant borrowed a sum of Rs.30,000/- on 06.04.1998. However, on that day, as he was a teacher, he attended duty in his school. Accordingly, he examined the Attendance Register before the lower court through DW2. However, the lower appellate court, without considering the evidence as well as the materials adduced by the appellant/defendant, has erroneously arrived at a conclusion that the appellant/defendant borrowed a sum of Rs.30,000/- from the respondent/plaintiff and thereby the lower appellate court rendered findings in favour of the respondent/plaintiff. Aggrieved by the same, the present Second Appeal is filed.;