1. The plaintiff in O.S.No. 1914 of 1986 on the file of I Additional District Munsif, Pondicherry is the appellant in the second appeal.

2. The plaintiff which is a partnership firm filed the suit for recovery of Rs. 10,000 with interest at 24% per annum from the respondents herein on the following averments:

The defendants borrowed a sum of Rs. 10,000 on 17.11.1984 from the plaintiff and executed a promissory note agreeing to repay the amount jointly and severally with interest at 24% per annum. Inspite of repeated demands, the defendants failed to pay the amount due under the promissory note. The plaintiff caused a lawyers notice to be issued on 8.8.1986 calling upon the defendants to repay the amount with interest. Though the defendants received the notice, they did not choose to repay or send any reply to the suit notice, necessitating the filing of the suit.

3. Thefirst defendant resisted the suit contending inter alia as follows: He received Rs. 10,000 by way of cheque from the plaintiff and he repaid the same with interest in three installments on different dates. He denied having borrowed Rs. 10,000 from the plaintiff along with other defendants, jointly and