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V. GOPALA KRISHNA RAO
Rayadurgam Balasubramanyam – Appellant
Versus
C. Venkataramanaiah – Respondent
JUDGMENT :
V. GOPALA KRISHNA RAO, J.
1. This Appeal, under Section 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellant/defendant challenging the Decree and Judgment, dated 12.07.1999, in O.S. No.260 of 1993 passed by the learned Additional Senior Civil Judge, Tirupati [for short 'the trial Court']. The Respondent herein is the plaintiff in the said Suit.
2. The respondent/plaintiff filed the Suit for recovery of a sum of Rs.1,19,600/- being the principal and interest due on a promissory note dated 12.03.1991 executed by the defendant in favour of plaintiff in renewal of earlier pronotes and simple mortgage deed and for costs.
3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.
4. The brief averments of the plaint, in O.S. No.260 of 1993, are as under:
The plaintiff failed to prove the validity of the promissory note, which was deemed forged, leading to the appeal's success.
The appellate court found the promissory note valid and supported by consideration, reversing the trial court's dismissal of the suit.
The court reaffirmed that the burden of proof regarding the authenticity of a promissory note lies with the party alleging forgery, and the evidence must be evaluated on the preponderance of probabil....
The court upheld the trial Court's judgment confirming the validity of the promissory note and the plaintiff's entitlement to recovery, emphasizing the burden of proof on the plaintiff.
The presumption of consideration applies to promissory notes once execution is admitted, placing the burden on the defendant to prove otherwise.
The plaintiff must discharge the legal burden of proving consideration for a promissory note, failing which the suit may be dismissed.
The presumption of consideration under Section 118-A of the Negotiable Instruments Act applies unless disproven by the defendants.
The presumption of validity of a promissory note under the Negotiable Instruments Act can only be rebutted by the defendant through substantial evidence, which was not provided.
The presumption under Section 118 of the Negotiable Instruments Act arises when execution of a promissory note is established, placing the burden on the defendant to disprove the transaction.
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