BOORASAMY NAIDU Vs. KANNUSAMY NAIDU AND COMPANY

JUDGEMENT

(1.) THE unsuccessful respondent before the lower appellate Court has filed this second appeal.

(2.) THE plaintiff filed a suit for recovery of a sum of Rs.10,370.20 with interest as acknowledged under Ex.A-7. THE defendant contested the suit contending inter alia that under Ex.A-7, the defendant had not executed any such acknowledgment and he is not liable to pay any amount. According to him, after 1979, the defendant did not have any transaction with the plaintiff.

(3.) BUT in Murarilal v. State of M.P. Murarilal v. State of M.P. A.I.R. 1980 S.C. 531 such a practice has been approved. In the said judgment the learned Judges have held as follows: