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P.R.SHIVAKUMAR
Chelladurai – Appellant
Versus
Velmurugan – Respondent


Advocates Appeared:
For the Appellant : G. Arul Murugan
For the Respondents: R. Krishnaprasad for Sarvabhauman Associates

JUDGMENT :

P.R. Shivakumar, J.

Defendant in the original suit in O.S. No. 119 of 2004 on the file of the Sub Court, Sankari is the appellant in the second appeal.

2. The respondent herein filed the above said suit for recovery of money based on a promissory note dated 25.6.1995 alleged to have been executed by the appellant herein on his borrowing a sum of Rs. 35,000/- agreeing to repay the same together with an interest at the rate of 24% per annum. The suit was resisted by the appellant herein contending that there was no loan transaction between himself and the respondent herein and the respondent herein/plaintiff was a stranger to him and he was not known to him and that the suit promissory note was a rank forgery. In order to prove his case, the respondent herein/plaintiff, besides examining himself as PW1, examined one Udayashankar, the scribe of the suit promissory note as PW2. The suit promissory note dated 25.6.1995 was produced as Ex.A1. Except Ex.A1, no other document was produced on either side. The appellant herein/defendant appeared as sole witness (DW1) on his side. The learned Trial Judge, at the end of trial, considered the evidence in the light of the arguments advan

































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