JUDGMENT :

N. Seshasayee, J.

1. The defendants who are partially successful in resisting the suit laid for recovery of sum of Rs. 1.25 lakhs, which the plaintiff alleges 'as having been advanced to the former, but suffered a decree for the entire suit claim before the first appellate court, have preferred this second appeal. Parties would be referred to by their rank before the trial court.

2. Plaintiffs case is straight forward, and may now be stated:

On 01.4.2001, under Ext. A1 promissory note, the defendants have borrowed Rs. 1.25 lakhs, and have agreed to repay the same with interest @ 12% per annum. The said promissory note is in the handwriting of the second defendant. The plaintiff has been demanding the repayment of the sum advanced, but the defendants were continuously unenthusiastic about the repayment.

Therefore, plaintiff was constrained to prefer Ext. A4, complaint to the police. While so, on 12.4.2003, shortly prior to the plaintiff preferring Ext. A4 complaint, the defendants issued Ext. A-2 notice through their counsel, alleging that under Ext. A1 promissory note on