V.BALASUBRAHMANYAN
S. Ramiah Thevar – Appellant
Versus
Balasundaram – Respondent
V. Balasubrahmanyan, J.
1. This is a revision brought by the plaintiff in a simple money suit of a small cause nature against the respondent. The suit was brought for the recovery of Rs, 550 and interest at 12 per cent, per annum thereon on a promissory note. The defendant resisted the suit. He pleaded that there was no cause of action for the suit. More particularly he pleaded that the suit promissory note could not be sued upon, because he merely signed his name on a stamped paper which was blank, and it had been filled up at the instance of the plaintiff to make it appear that it was for Rs. 550. The truth, according to the defendant was, his signature on a stamped blank paper was taken by the plaintiff in accordance with the plaintiff's practice in such transactions. According to the defendant, he had borrowed a sum of Rs. 220 agreeing to repay it in monthly instilments of Rs. 22 and that by June, 1976, that loan had been discharged by him in that manner. Nevertheless, according to the defendant, the plaintiff had obtained stamp paper with his signature only in accordance with the practice followed by the plaintiff in such transactions. The plaintiff, it was alleged, undert
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