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2018 Supreme(Kar) 679

H.B.PRABHAKARA SASTRY
Ravindra – Appellant
Versus
T. Parameshwara Hegde – Respondent


Advocates Appeared:
For the Petitioners:Sri. R. Gopal, Advocate.
For the Respondents:Sri. S.V. Prakash, Advocate.

Judgement Key Points

No, the alleged promissory note (Ex.P-1) was not an agreement executed to repay a previous debt. It was claimed to evidence a fresh hand-loan of Rs.25,000/- borrowed by the defendant from the plaintiff specifically on 6.11.2004 for domestic requirements, with a promise to repay that amount on demand along with interest at 1.5% per month. [3000418760001][3000418760015]

The plaintiff failed to prove execution of the promissory note despite the defendant's specific denial of the loan transaction and execution. [3000418760002][3000418760019] The plaintiff did not mark any signatures on the document as exhibits, did not depose that the defendant signed or executed it (merely claiming it was written by the defendant), and examined none of the attesting witnesses. [3000418760020][3000418760021][3000418760022] Mere marking of the document was insufficient proof under applicable principles. [3000418760017][3000418760018][3000418760021]

Trial court signature comparisons were erroneous, as no specific signature was identified or marked as the defendant's for comparison with any admitted signature. [3000418760023][3000418760024] No legally enforceable debt or agreement was established. [3000418760024]


JUDGMENT :

1. The appellant herein was the plaintiff before the Principal Civil Judge (Jr.Dn.) & J.M.F.C., Sagar, (henceforth for brevity referred to as the `Trial Court’ for short), who had instituted a suit in O.S.No.34/2007 against the present respondent for recovery of money.

2. The summary of the case of the plaintiff in the Trial Court is that the defendant had borrowed a sum of Rs.25,000/- from him on 6.11.2004 and had executed a On-demand Promissory Note agreeing to repay the said loan amount along with interest thereupon @ 18% per annum. Despite the demand, the defendant did not repay the loan amount, which made him to issue a legal notice to him on 12.9.2005. The defendant neither responded to the legal notice nor repaid the loan amount. Hence, the plaintiff was constrained to file suit for recovery of a sum of Rs.25,000/- with accrued interest thereon.

3. The defendant contested the matter by filing his written statement wherein he denied the entire plaint averment with respect to the alleged loan transaction except admitting that the plaintiff was a person known to him. The defendant has categorically and specifically denied the alleged loan transaction much less the one d











































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