MARIMUTHU Vs. ANJALAI AMMAL

JUDGEMENT

(1.) The present appeal is preferred by the Defendant in the suit against the judgment and decree dated 24.11.2008 passed by the learned Subordinate Judge, Panruti, in A.S. No. 17 of 2008 reversing the judgment and decree dated 27.3.2008 passed by the learned District Munsif, Panruti, in O.S. No. 726 of 2004 filed for recovery of a sum of Rs.50,000/- with future interest based on a promissory note.

(2.) The case of the plaintiff is that the defendant had borrowed a sum of Rs.50,000/- from the plaintiff on 01.12.2001 repayable at the rate of 18% interest per annum and executed the suit promissory note. As there was no voluntary repayment by the defendant, after causing a legal notice, the suit has been filed for recovery of Rs.63,500/-.

(3.) The suit was contested by the defendant resisting all the allegations in the plaint besides denying the signature in the suit promissory note. According to the defendant, the suit promissory note was fabricated for the purpose of the suit as there was no necessity for the defendant to borrow the money and that the plaintiff also did not have the wherewithal to lend money. Hence, prayed for dismissal of the suit.