G.RAJASURIA
Abdul Hameed (deceased by LRs) & Others – Appellant
Versus
Senkottai Gounder (deceased by LRs) & Others – Respondent
This appeal is focused as against the judgment and decree dated 24. 1990 made in O.S.No.14 of 1989 on the file of the learned Subordinate Judge. Erode, Periyar District. For convenience sake the parties are referred to hereunder according to their litigative status before the trial Court.
2. Niggard and bereft of details, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:
The defendants jointly borrowed a sum of Rs.25,000/- from the plaintiff on 1. 1986 and in consideration of the same, the suit promissory note Exhibit A-1 was executed by them undertaking to repay the same with interest at 12% p.a. Subsequently, they committed default in paying the amount despite demand. The plaintiff after issuing pre-suit notice dated 112. 1998 which evoked no response, filed the suit for recovery of the amount due under the pro-note with interest and costs.
3. Per contra, denying and refuting, challenging and impugning the allegations/averments in the plaint, the first defendant filed the written statement, which was adopted by the second defendant. The gist and kernel of it, would run thus:
The defendants did not borrow a sum of Rs.25,000/- much less
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