SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Mad) 3945

P.DEVADASS
Mahalingam – Appellant
Versus
Mayalagu – Respondent


Advocates Appeared:
For the Appellant:R. Sundar Srinivasan, Advocate.
For the Respondent:A. Arun Prasad, Advocate.

Judgment :

The defendant, who succeeded in the Trial Court, namely, District Munsif, Devakottai, in O.S.No.121 of 2005, and who lost in the 1st Appellate Court, namely, Sub Court, Devakottai, in A.S.No.4 of 2009 is before us.

2. The respondent/plaintiff claimed Rs.71,775/-towards principal and interest based on Ex.A1, promissory note, dated 13.04.2003. Inspite of receipt of suit notice, dated 25.08.2005, since no amount was paid, the suit has been instituted by the appellant/defendant.

3. The suit has been resisted by the appellant/defendant contending that he has been employed in the respondent's finance firm, since no salary was paid, when he demanded, he was paid Rs.10,000/- as against a blank promissory note during 2000, subsequently, he repaid Rs.5,000/-to Mr. Srinivasan, partner of the said finance firm, under a receipt and subsequently he had paid the remaining Rs.5,000/- and discharged. However, the respondent filled up the blank promissory note and made it suit promissory note, thus, he is not liable to pay any amount to him.

4. The Trial Court framed necessary issues and tried the suit. Plaintiff examined himself as P.W.1 and the scribe as P.W.2 and marked Exs.A1 to A4.






































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top