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1987 Supreme(Mad) 393

SWAMIKKANNU
Ramaswami Pillai – Appellant
Versus
T. S. Soundarapandia Mudaliar – Respondent


JUDGMENT

Swamikkannu, J.

1. This is an appeal preferred by Ramaswami Pillai-the plaintiff against the judgment and decree dated 14.8.1979 in O.S. No. 472 of 1978 on the file of the learned First Additional Subordinate Judge, Tiruneiveli on a suit based on a promissory note, granting a decree for recovery of Rs. 358.50 with proportionate costs.

2. The case of the plaintiff/appellant before the lower Court is as follows:

2. The defendant/respondent herein accepting cash consideration of Rs. 7,000 and undertaking to pay interest of 9% per annum executed a promissory note dated 23.11.1972. But he has not paid any part of the principal or interest. The appellant demanded the money through a notice issued by his advocate. The respondent gave a reply making false allegations. The averments in the reply notice are not supported by bona fides. Hence the suit was laid.

3. In his written statement before the lower Court, the defendant/respondent admitting the execution of the promissory note dated 23.11.1972 denied the averments in the plain and contended as follows: He never accepted consideration of Rs. 7,000 on the date of promissory note or any other date. The appellant is hiding the real fact







































































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