- (1.)The appeal arises from a suit for realisation of money. First defendant is the appellant.
(2.)The suit O. S.95/1987 before Sub Court, Parur was filed by 1st respondent claiming an amount of Rs. 27259/- with interest at the rate of 12% per annum. The claim is based on a promissory note executed by defendants on 9-3-1984 in favour of the plaintiff for an amount of Rs. 20,000/-. First defendant admitted the execution of the promissory note, but disclaimed liability contending that the claim is barred by limitation. It was also contended that plaintiff is an unregistered firm and the signatory to the plaint is not the managing partner. He further denied having received any consideration. He contended that Sri P. P. Joseph, who has presented the plaint as the managing partner had arranged supply of cement for construction of a building. On knowing about the inferior quality of the cement, 1st defendant informed Sri Joseph that he did not require cement. It was then that claim was made on the promissory note. Though he had promised to return the promissory note, he did not do so. The 2nd defendant in his written statement raised identical contentions.
(3.)Plaintiff was examined as P. W. 1 and 1st defendant as D. W. 1. On an appreciation of the oral evidence and the documents on the side of plaintiff, the court below granted a decree for the plaint claim with future interest at 6% and cost of suit. First defendant assails that judgment in this appeal.