G. Jayachandran, J.

The plaintiff is the appellant before this court. The suit filed by the appellant herein for recovery of money based on the pro-note executed by the respondent herein was allowed by the trial court, whereas reversed by the Appellate Court disbelieving the endorsement made on the said pro-note for partial payment and saving of limitation. Aggrieved by that, this appeal has been preferred on the ground that when the signature found on the endorsement marked as Ex.A2 is admitted by the respondent-defendant, the first appellate Court ought not to have disbelieved the said endorsement to de-suit the plaintiff. Further, it is contended by the appellant that the first appellate Court has given a finding on the genuineness and validity of exhibit A2 endorsement without any pleadings and issue framed in this regard.

2. To understand the lis before this court, the facts of the case is extracted below:

The case of the appellant is that, the respondent herein borrowed a sum of Rs. 1,00,000/- from one Preemier Investment Corporation, Tirupur on 09.11.1995 and executed a pro-note which is marked as Ex. A1. On 18.11.1997, the defendant paid a sum of Rs. 3,000/- towards