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2014 Supreme(Mad) 4019

P.DEVADASS
Ramachandran – Appellant
Versus
Sulaiman – Respondent


Advocates Appeared:
For the Appellant:V. Meenakshisundaram for D. Nallathambi, Advocates.
For the Respondents:A. Arumugam for M/s. Ajmal Associates, Advocates.

Judgment :

Disappointed plaintiff in view of the dismissal of the suit in O.S.No.520 of 2006 by the trial Court/1st Additional District Munsif, Tirunelveli and dismissal of first appeal in A.S.No.25 of 2010, by the Principal Sub Judge, Tirunelveli, directed this Second Appeal.

2. Plaintiff laid up the said suit for recovery of principal amount of Rs.50,000/- together with interest on the footing of Ex.A.1 Promissory Note dated 20.09.2003. He issued Ex.A.3, suit notice dated 17.08.2006, which was replied to by the defendants under Ex.A.5. It is further alleged that since no money was paid, the suit has been instituted.

3. The defendants resisted the suit raising several contentions. The principal among them are that the suit is barred by time, because of material alteration in Ex.A.1, it is invalid under Section 87 of the Negotiable Instruments Act, the very execution of Ex.A.1 has not been proved and the signatures in Ex.A.1 are not of defendants and on the alleged date of execution of Ex.A.1, the 1st defendant was elsewhere (alibi), namely, was working in Tamilnadu Civil Supplies Corporation Office in Theni.

4. The trial Court rejected the plea of bar of limitation and also the







































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