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1997 Supreme(Mad) 72

S.S.SUBRAMANI
A. Irudayasamy – Appellant
Versus
V. Perumal Naidu – Respondent


Advocates:
R.Subramaniam, for Appellant. S.Parthasarathi, for Respondent.

Judgment :

Plaintiff in O.S. No.53 of 1984, on the file of Subordinate Judge’s Court, Ariyalur, is the appellant.

2. Suit filed by the appellant was open for recovery of amount on the basis of a promissory note executed by the defendant. Ex.A-1 is the promissory note which says that the defendant has borrowed a sum of Rs. 15,000 on 112. 1978. It further says that the defendant shall repay the same on demand with interest at 12% per annum. It is dated 112. 1978. On 112. 1981, in part payment of the amount due, and acknowledging the liability, a sum of Rs. 100 was paid. When the amount was not paid in time, notice was issued under Ex.A-3, which was received by the defendant. But the defendant neither sent a reply nor settled the transaction. The suit was, therefore, filed for recovery of the amount due on the promissory note. In the written statement filed by the defendant, he admitted the execution of the promissory note. He said that the statement in the promissory note that he received Rs. 15,000 is not correct. According to him, he received only Rs.5,000, and in respect of Rs. 10,000, the document is not supported by consideration. He further contended that when he received the s












































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