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1979 Supreme(Mad) 580

S.PADMANABHAN
Kanhailan Chandak – Appellant
Versus
R. Mohan – Respondent


Advocates:
Advocate Appeared:
K. R. Ramabhadran, for Petitioner.
R. Mohan, for Respondent.

JUDGMENT

The plaintiff in O.S. No. 6958 of 1973 on the file of the Court of the XI Asst. Judge, City Civil Court, Madras is the revision petitioner. The respondent-defendant is said to have borrowed from the plaintiff a sum of Rs. 2,000 on 5th June, 1970, and later on the same day he is said to have executed a promissory note in favour of the plaintiff in respect of the amount borrowed earlier. The defendant is said to have borrowed a further sum of Rs. 1,000 as a hand-loan on 10th September, 1970. The suit has been filed on the debt for the recovery of the amount.

2. In the plaint itself it is stated that the promissory note executed by the defendant in favour of the plaintiff is insufficiently stamped.

3. The defendant inter alia denied the borrowing and also contended that the suit was not maintainable as the promissory note was insufficiently stamped.

4. The trial Court raised as many as four issues, the main issue being issue No. 1, which relates to the question whether the defendant borrowed the money from the plaintiff. During the trial the plaintiff was examined as P.W. 1. He stated that the defendant had passed a receipt for receiving the sum of Rs. 2,000 on 5th June, 1970 and
























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