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2009 Supreme(Mad) 1134

S.PALANIVELU
V. P. Sankaran – Appellant
Versus
R. Uthirakumar – Respondent


Advocates Appeared:
For the Petitioner:N. Manokaran, Advocate.
For the Respondent:T. Murugamanickam, Advocate.

Judgment :-

1. The petitioner is the defendant in O.S.No.125 of 2007 on the file of the Principal District Munsif Court, Bhavani. The respondent filed the sit for recovery of Rs.98,600/- from this petitioner on the strength of a promissory note executed by him on 10.07.2005. This petitioner filed the written statement, contending inter alia, that as he stood as guarantor for his friend by name Rangasamy, who borrowed a sum of Rs.5,000/- from the Finance Company run by the plaintiff and this petitioner put his signature and his left thumb impression on a blank pro-note, in which, only numericals of Rs.5,000/- written at the top, and that the said Rangasamy discharged the loan. However, the plaintiff did not return the above said blank pro-note to the defendant and that the said document has been forged and fabricated, with material alteration as if, the defendant owes Rs.85,000/- to the plaintiff.

2. The petitioner filed the petition under Section 45 of the Indian Evidence Act and Section 151 CPC, praying the Court to refer the suit pro-note to handwriting expert to compare the difference available in the thickness, clarity of ink used to place 8 in front of Rs.5,000/- and writing o
























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