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2002 Supreme(Mad) 415

P.D.DINAKARAN
K. Sethurathinam – Appellant
Versus
Subramanian – Respondent


Advocates:
K.V.Sundarrajan, M.Rajasekaran, for Respondent.

JUDGMENT: The unsuccessful plaintiff in O.S. No.344 of 1987 is the appellant in this second appeal.

2. The appellant/ plaintiff laid a money suit in O.S. No.344 of 1987 on the file of the learned District Munsif, Musiri, for a decree to recover the money based on a promissory note dated 9.2.1985. But the suit was resisted by the respondent/ defendant, denying the very execution of the promissory note.

3. Appreciating the evidences on record, the learned District Munsif, Musiri, by judgment and decree dated 24.6.1988 made in O.S. No.344 of 1987, dismissed the suit, finding that the signature in the promissory note is not that of the respondent/ defendant, as he did not know to sign his name in English, except to put his initial in English; that the thumb impression of the respondent/ defendant was also not bona fide; and that the depositions of P.Ws.1 to 4 do not corroborate with each other, and therefore, held that the promissory note dated 9.2.1985 is not valid, which was, on appeal in A.S. No.169 of 1988, confirmed by the learned Subordinate Judge, Tiruchirapalli, by order dated 19.1.1989. Hence, the plaintiff in O.S. No.344 of 1987 has filed the above second appeal, and the same w

















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