R SEKAR Vs. KALYANI

JUDGEMENT

(1.) The defendant is the appellant in the suit for promissory note.

(2.) The suit is filed based on Ex.A1-Promissory note dated 10.01.2001 alleged to have been executed by the defendant for a sum of Rs.20,000/-. The said promissory note is denied by the defendant as the same is not true and valid. The plaintiff and the defendant are closely related and according to the defendant, the plaintiff had no means to lend the said sum and also that the defendant had no necessity to borrow the amount. The plaintiff also had filed a suit for partition against the defendant and others in O.S.No.7 of 2002. As there was enmity between the plaintiff and the defendant, the suit has been filed against the defendant with an intention to harass him.

(3.) Before the trial Court, the plaintiff examined herself as PW.1 besides examining one more witness as PW.2 and marked Ex.A1 promissory note. The defendant examined himself as DW.2 and no documents were marked on the side of the defendant.