JUDGMENT - KARNIK D.G., J.:---Heard the learned Counsel for the plaintiff and defendant No. 1.

2. According to the plaintiff, she advanced a loan of Rs. 3,50,000/- to one Fateh Bahadur Shrivastava who executed three demand promissory notes for Rs. 1,60,000/- Rs. 1,40,000/- and Rs. 50,000/- on 3rd June, 1998 and 4th June, 1998 respectively. Fateh Bahadur died prior to the institution of the present suit. The plaintiff has therefore, filed this suit joining Sanjay Fateh Bahadur Shrivastava, son of the deceased as defendant No. 1. The defendant No. 2, as stated in the title of the plaint is "unknown legal heirs and representatives of Fateh Bahadur Shrivastava".

3. After service of writ of summons, the defendant No. 1 filed appearance and on receipt of the Summons for judgment has filed an affidavit in reply dated 13th June, 2003. In paragraph No. 2 of the affidavit in reply, the defendant No. 1 who is the son of the deceased has specifically stated that the deceased Fateh Bahadur Shrivastava had never signed the promissory notes on which the plaintiff is relying her claim. In the affidavit the defendant has further denied that deceased Fate Bahadur Shrivastava took the loan as alleged b

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