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R. VIJAYAKUMAR
Herbert David – Appellant
Versus
A. Selvin – Respondent
JUDGMENT
(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree dated 11.10.2018 made in A.S.No.26 of 2017 on the file of the I Additional District Court, Tirunelveli confirming the judgment and decree in O.S.No.288 of 2011 dated 24.11.2016 on the file of the Additional Subordinate Court, Tirunelveli and allow this second appeal.)
1. The defendant is the appellant.
2. The plaintiff has filed O.S.No.288 of 2011 before the Additional Subordinate Court, Tirunelveli for recovery of money for a sum of Rs.4,00,000/- from the defendant based upon a pro-note dated 29.07.2010 said to have been executed by the defendant which is marked as Exhibit A1. The suit was decreed as prayed for by the plaintiff. As against the same, the defendant filed A.S.No.26 of 2017. The learned Additional District Judge, Tirunelveli was pleased to dismiss the appeal. As against the concurrent findings, the present second appeal has been filed by the defendant.
3. According to the plaintiff, the defendant had borrowed a sum of Rs.4,00,000/- on 29.07.2010 agreeing to repay the principal amount along with interest at the rate of 12% per annum on demand. The plaintiff has further
The burden of proof of material alteration rests on the party alleging it, and the admissibility of a xerox copy of a document as evidence is limited, especially when there is a possibility of tamper....
The plaintiff proved the execution of the pro-note and discharged the initial burden of proof, entitling them to a decree for recovery of money.
The defendant's evidence rebutting the presumption under Section 118 of the Negotiable Instrument Act and the plaintiff's obligation to maintain account books under the Tamil Nadu Money Lenders Act w....
The signature of the maker of a promissory note must be proven for the presumptions under the Negotiable Instruments Act to apply; if the signature is disputed and found to be forged, the note is inv....
Point of law : Dishonour of cheque – Notice - There can be any pre-condition to file a suit on pro-note. Nonexamination of the two witnesses said to have been present at the time of the borrowal is n....
Non-examination of witness to pro-note cannot be held against plaintiff when there are concurrent findings of facts recorded by two Courts on execution of pro-note by defendant in favour of plaintiff....
The burden of proof shifts to the defendant if the plaintiff proves the execution of the pro-note. Admissibility of private handwriting expert's opinion under Order XXVI Rule 10 CPC.
The court reaffirmed that the burden of proof regarding the authenticity of a promissory note lies with the party alleging forgery, and the evidence must be evaluated on the preponderance of probabil....
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