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G. ARUL MURUGAN
Gunasekaran – Appellant
Versus
Jothi – Respondent
JUDGMENT :
(Prayer: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 09.03.2012 made in AS.No.65 of 2008 on the file of Sub-ordinate Judge, Ariyalur, reversing the judgment and decree dated 10.07.2008 made in OS.No.512 of 2004 on the file of District Munsif Court, Jeyankondam.)
1. The defendant in the suit is the appellant before this Court on appeal. The second appeal is filed challenging the judgment and decree dated 09.03.2012 made in AS.No.65 of 2008 on the file of Sub-ordinate Judge, Ariyalur, reversing the judgment and decree dated 10.07.2008 in OS.No.512 of 2004 on the file of District Munsif Court, Jeyankondam.
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.
3. According to the plaintiff, on 01.10.2001, the defendant borrowed a sum of Rs.30,000/- as a loan, agreeing to repay along with interest at 12% per annum and executed the promissory note in Ex.A.1. Even after repeated demands, the loan amount was not repaid. The plaintiff issued the legal notice on 06.05.2002 for which there was no reply, therefore, the plaintiff has come up with the suit for recovery of money.
4. The defendant re
The main legal point established in the judgment is the application of Section 118 of the Negotiable Instruments Act, which creates a presumption in favor of the plaintiff once the execution of a pro....
The admission of execution of a promissory note shifts the burden of proof to the defendant to prove that no consideration was passed.
The main legal point established in the judgment is the presumption of consideration under Section 118 of the Negotiable Instruments Act and the burden of proof on the defendant to rebut this presump....
Promissory notes are valid when their execution is admitted, and the presumption of consideration can be rebutted by the defendant, but failure to present sufficient evidence maintains the plaintiff'....
The presumption of consideration under Section 118 of the Negotiable Instruments Act applies once execution of the promissory note is established, placing the burden on the Defendant to rebut this pr....
The main legal point established is the burden of proof in a recovery of money case, where the plaintiff's evidence of the execution of the promissory note prevailed over the defendant's contradictor....
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