R. BANUMATHI, J.

This Appeal is preferred at the instance of unsuccessful Plaintiff in O.S.No.418 of 1986 on the file of Principal Subordinate Judge, Pondicherry. The learned trial Judge has dismissed the Plaintiff's suit on the Preliminary Issue that the suit is not sufficiently stamped and that the suit claim is unsustainable on the foot of the suit instrument.

2.Case of Appellant / Plaintiff is that the Respondent /Defendant borrowed Rs.50, 000/- on 01.12.1985 from the Plaintiff for purchase of exhibition rights of the Film "Rajarishee" and the Defendant has agreed to repay the said amount with interest at the rate of 12% per annum by 01.06.1986 and executed the suit Promissory Note and thereafter Defendant failed to repay the same and hence the suit.

3.Denying the claim of the Plaintiff, Defendant has filed Written Statement interalia contending that he was doing Toddy and Arrack business. In that connection, the Plaintiff used to purchase empty bottles from the Defendant as well as from others recommended by the Defendant. Further case of Defendant is that in November 1985, Defendant had asked the Plaintiff to lend money for starting Film Distribution Trade and withou