M. KOKILA Vs. A. DHANALAKSHMI

JUDGEMENT

(1.) (i) When the plaintiff is expected to raise pleadings only with reference to Facta Probanda and not with reference to Facta Probantia, whether the first appellate Court is justified in reversing the judgment of the trial Court, on the ground that the plaintiff is guilty of omission to plead Facta Probantia?

(2.) The defendant disputed the claim on the ground that--

(3.) Before the trial Court, plaintiff was examined as P.W.1 and the attesting witness to the Pronote has been examined as P.W.2. Ex. A1 -Promissory Note was the only document produced and the D.W.1 was the only witness examined.