(Appeal against the Judgment and Decree dated 30.11.1988 in O.S.No.51 of 1985 on the file of the Court of Subordinate Judge at Mayiladuthurai.)

K. Mohan Ram, J.

The unsuccessful plaintiff in O.S.No.51 of 1985 on the file of the Sub-Court, Mayiladuthurai is the appellant in the above appeal.

2. For convenient sake, the parties are referred to as per their ranking in the suit.

3. The plaintiffs case is as follows:

Defendants 2 and 3 borrowed a sum of Rs.60,000/- from the plaintiff on 23.06.1982 for the benefit of their business and also for the first defendant firm and the third defendant as partner of the firm gave a Post Dated Cheque dated 21.08.1982 drawn on United Commercial Bank, New Washermenpet Branch, in favour of the plaintiff for a sum of Rs.60,000/- towards the repayment of the said loan. When the cheque was presented for collection, the same was dishonoured and the defendants were informed about the dishonour of the cheque and the defendants promised to make arrangement for repayment of the loan; but when they failed to do so, a registered Notice dated 26.05.1985 was issued; but the defendants failed to repay the amount hence the suit.

4. The suit was contested by