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2007 Supreme(Mad) 826

R.BANUMATHI
R. Mahadevan, Mylapore, Chennai – Appellant
Versus
T. L. Guruvayurappan, Mylapore, Chennai – Respondent


Advocates:
For the Petitioner:S. Sathyanarayanan, Advocate. For the Respondent:K. Shahul Hameed, Advocate.

Judgment :-

Aggrieved by dismissal of Application filed under O.37 R.3 C.P.C declining leave to defend suit, Defendant has preferred this Civil Revision Petition.

2. Whether Impugned Order declining leave to defend the Suit on the ground that no triable issue has been disclosed suffers from serious infirmity is the point falling for consideration in this Revision Petition.

3. This Revision arises on the following facts:- Respondent/Plaintiff filed summary suit based on Promissory Note in O.S.No.6064 of 2005 against Defendant for recovery of a sum of Rs.2,82,000/- together with future interest. The Petitioner/Defendant filed Application seeking leave to defend contending that he has never borrowed loan amount and never executed Promissory Note as claimed by the Plaintiff. The Petitioner/Defendant has further alleged that Suit Promissory Note is forged one and signature found in the Promissory Note is not the signature of the Petitioner/Defendant.

4. Holding that Petitioner has raised vague allegations in order to evade his liability to pay the dues to the Respondent and further holding that the Petitioner has not raised any triable issue, Court below dismissed the Application, w
















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