K.Govindarajan, J.

The plaintiff who failed in his attempt to get a decree to realise the amount on promissory notes under Exs.A1 to A4 and A13 to A16, filed the above Appeal.

2. The plaintiff filed a suit in O.S.No.312/1982 on the file of the Sub-Court, Erode against defendants/respondents to recover a sum of Rs.81,280/- with interest on the basis that the defendants have executed Exs.A1 to A4 and A13 to A16, the promissory notes. The plaintiff is the assignee of the said promissory notes.

3. The defendants contested the suit contending inter alia that the suit promissory notes were not executed, that the same were discharged, that they are barred by limitation and that the plaintiff is not the holder indue course of the said promissory notes.

4. The trial court found that the said promissory notes were executed and enforceable against the defendants, that they had been discharged, that the suit is barred by limitation and that the plaintiff as the assignee cannot be treated as a holder in due course. Aggrieved against the said judgment and decree of the trial court, the plaintiff preferred an Appeal in A.S.No.421/1985. The learned Judge, in the judgment dated 7.9.1999 hel