S.S.SUBRAMANI
Somasundaram – Appellant
Versus
Palani – Respondent
The Order of the Court was as follows :
Plaintiff in S.C. No. 9 of 1997, on the file of District Munsif's Court, Polur, is the revision petitioner.
2. Suit filed by revision petitioner was one for recovery of money on the basis of a promissory note alleged to have been executed by the respondent herein.
3. It is alleged that as per Ex. A-1 dated 10-1-1994, respondent herein borrowed a sum of Rs. 3,200/- from plaintiff, agreeing to pay interest which is also stated in the promissory note. Demand was made under Ex. A-2, to settle the transaction, for which the defendant sent a reply denying the execution and the borrowing. The suit was, therefore, necessitated.
4. In the written statement filed by the defendant, respondent herein, he denied the execution and stated that as between himself and plaintiff, there had been earlier transactions in dealing with paddy, and plaintiff has forged his signature from the accounts and has fabricated the promissory note.
5. The trial Court examined P.W. 1 (plaintiff) and also one of the attestors to Ex. A. 1 as P.W. 2. Defendant examined himself as D.W. 1 and another witness (scribe of Ex. A1) as D.W. 2. P.Ws. 1 to 3 were marked on the side
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