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2014 Supreme(Mad) 3893

P.DEVADASS
P. Ganesan – Appellant
Versus
G. Govindasamy – Respondent


Advocates Appeared:
For the Appellant :S. Meenakshi Sundaram, Advocate.
For the Respondent:S. Subbiah, Advocate.

Judgment :

Since a money decree has been passed in O.S.No.39 of 2005 by the Sub Court, Thoothukudi, as against the appellant/defendant and the same has been upheld by the Additional District Court/Fast Track Court No.I, Thoothukudi, in A.S.No.12 of 2007, the appellant/defendant has directed this second appeal.

2. The respondent/plaintiff instituted the suit on a promissory note dated 19.02.2002, alleging that it was executed by the appellant/defendant for the principal sum of Rs.1,50,000/-, agreeing to repay it with interest and since the appellant/defendant had failed to repay the principal and the interest, he has filed the suit.

3. The suit has been resisted by the appellant/defendant by filing written statement contending that he did not borrow any money as alleged by the respondent/plaintiff and he did not execute any promissory note and his signature has been forged in the suit promissory note and thus, he is not liable to pay the suit amount.

4. The learned Sub Judge, Thoothukudi, referring to the evidence of the respondent/plaintiff (P.W.1) and P.W.2 and also the evidence of the appellant/defendant (D.W.1) and also comparing the signature of appellant/defendant found in wri




















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