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2011 Supreme(Mad) 4339

S.MANIKUMAR
R. Arumugham – Appellant
Versus
Natesan – Respondent


Advocates appeared:
For the Appellant:V. Raghavachari, Advocate.
For the Respondent:VR. Shanmuganathan, Advocate.

Judgment :

1. The Second Appeal arises out of a reversing judgment on the suit for recovery on a Promissory Note. The plaintiff is the appellant in this appeal. According to him, for family and urgent expenses, the defendant borrowed a sum of Rs.25,000/- on 21.09.2001 and promised to repay the same with interest at Rs.1,000/-per month. Inspite of repeated demands and notice dated 06.11.2003, the principal with interest to the tune of Rs.30,331/- remained unpaid and hence the suit. The defendant denied the execution of the Promissory Note and receipt of consideration. According to him, the defendant was engaged in chit transaction and that the plaintiff had taken a chit. He further submitted that a sum of Rs.5,000/- was payable under the chit transaction which he was always ready and willing to pay. As he was unwell, he could not reply to the notice. Based on the above pleadings, the trial Court has framed three issues for consideration,

(i) as to whether the plaintiff is entitled for payment of the amount under the Promissory Note with interest?

(ii) as to whether the suit has been instituted in a forged Pro note and therefore, to be dismissed or not?

(iii) what relief the parties






































































































































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