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1964 Supreme(Mad) 487

M.ANANTANARAYANAN, RAMAMURTI
C. M. Sivaram – Appellant
Versus
V. S. Jayaram Mudaliar – Respondent


Advocates:
S. Chellaswami and K. Raja, for Appellant; D.C. Krishnamurthi, for Respondent.

Judgement

RAMAMURTI, J. : The defendant in the suit O. S. 259 of 1956, on the file of the City Civil Court, Madras, is the appellant before us. The said suit was filed by the respondent to recover a sum of Rs. 6600 as assignee of two bundles, Exts. A-1 and A-2, (which are now admitted to be promissory notes), executed by the appellant for Rs. 4000 and Rs. 1000 on 6-2-1952 in favour of one Rukmaniammal. Of the several pleas raised by the defendant the two pleas that were pressed before us are : (1) the amounts mentioned in the hundies are payable at a specified place. Madras, and us there was no presentment of the promissory notes by the defendant for payment, the plaintiff has no right to maintain the suit; (2) the promissory notes were not supported by consideration, and that the defendant signed two blank, hundi forms and left the same with one T.S. Shanmugham, the husband of Rukmaniammal aforesaid, with a view to enable Shanmugham to raise money thereon, that the defendant's signature was obtained only by way of additional security and that the defendant did not have the benefit of the borrowing.

2. The learned City Civil Judge held that the assignment of the promissory notes in f












































































































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