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1991 Supreme(Mad) 29

ABDUL HADI
A. S. Duraisami Chettiar Sons and others – Appellant
Versus
S. Rathnaswami Gounder – Respondent


Appearing Advocates:A.S.Vijayaraghavan for P.N.Narasimha Iyer, for Appellant. O.V.Balaswamy for V.C.Palaniswamy, for Respondent.

Judgment :-

The second appeal by the defendant firm is against the judgment and decree the District Judge, Coimbatore, dated 7.2.1980 in A.S.No.81 of 1979, reversing judgment and decree of the Sub-Judge, Coimbatore in O.S.No.374 of 1976dated 13.9.1978. The suit is recovery of Rs.8,442.15, the amount due under the hundi Ex.A-1, dated 12.4.1973 for sum of Rs.5,000 with interest thereon. The suit was dismissed by the trial Court on ground that the suit hundi was not supported by consideration. But, the lower appellate court has decreed the suit on the ground that the suit hundi is supported by consideration. No doubt, there was some dispute even with reference to execution of the suit hundi. As the written statement, the defendant only admitted his signature in the suit hundi, and case is that at the time of the execution of a prior hundi, the plaintiff had obtained signature of the defendant in two blank hundies which ought to have been probably by the plaintiff in fabricating the document Ex.A-1. The prior hundi was executed 20.3.1969 was admittedly executed on 20.3.1969. The written statement does not give specific date as to when according to the defendant he put the signature in
















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