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2007 Supreme(Mad) 965

S.MANIKUMAR
Arockiaprakash – Appellant
Versus
Rangasamy – Respondent


Advocates:
For the Appellant:M/s. Hema Sampath, Advocate. For the Respondent:D. Shivakumar, Advocate.

Judgment :-

This appeal arises against the judgment and decree dated 28.06.2004 in A.S.No.145 of 2003 on the file of the Principal District Court, Cuddalore.

2. The defendant in the suit is the appellant. The brief facts of the case are as follows:

(i) The case of the plaintiff is that the defendant executed a promissory note on 07.08.2000 at Vridhachalam for Rs.1,00,000/-, agreeing to repay the same with interest at the rate of 12% per annum. The defendant is working in Neyveli Lignite Corporation. Since the defendant did not repay the amount under the promissory note, the plaintiff filed a suit for recovery of the same.

(ii) The defendant filed written statement and contended that he has not borrowed any money from the plaintiff and that he did not execute any promissory note. According to him, the suit promissory note is a fabricated document. The defendants father instituted a suit in O.S.No.90 of 2000 on the file of Principal Sub Court, Vridhachalam against one Karuppan based on the promissory note executed by him and the suit was decreed. Aggrieved by the same, the said Karuppan with the assistance of the plaintiff has fabricated the suit promissory note. The defendant has is





























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