1. The defendant who has suffered a money decree in O.S.No.124 of 2003 on the file of the District Court Nagapattinam is the appellant. The respondent which is a Benefit Fund incorporated under the Indian Companies Act, 1956, instituted the above suit for recovery of a sum of Rs.5,45,333/- allegedly due on a promissory note said to have been executed by the defendant on 21.05.2000 for a sum of Rs.4,00,000/-.

2. According to the plaintiff, the defendant had borrowed a sum of Rs.4,00,000/- on 21.05.2000 promising to repay the same with interest at 24% per annum. The defendant did not come forward to pay the amount, inspite of legal notice dated 20.12.2002, on the other hand she has chosen to issue a reply on 02.01.2003 denying the very borrowing. Hence, the plaintiff filed the above suit. In the plaint, the plaintiff had stated the facts relating to certain other borrowings made by the defendant from the plaintiff and the initiation proceedings under Section 138 of Negotiable Instruments Act, which came to be settled by the defendant by making payments.

3. The defendant resisted the suit contending that she never borrowed a sum of Rs.4,00,000/- from the plaintiff and did not