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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice R. Hemalatha, J
R.Sumithra – Appellant
Versus
Karuppasamy – Respondent
| Table of Content |
|---|
| 1. defendants' denial of allegations (Para 4 , 4 , 5 , 6) |
| 2. trial court's findings (Para 7 , 8 , 9 , 10 , 11) |
| 3. execution of promissory note (Para 12) |
JUDGMENT :
The appellant is the fourth defendant in O.S.No.19 of 2005, on the file of the District Munsif Court, Avinashi. The first respondent / plaintiff filed the suit for recovery of a sum of Rs.37,890/- together with interest at the rate of 12% per annum from the defendants from and out of the estate of the deceased Rasappa Gounder.
3.The case of the plaintiff in a nutshell is as follows :
One Rasappa Gounder (since deceased), husband of the first defendant and father of the defendants 2 to 4 borrowed a sum of Rs.35,000/- from the plaintiff and executed a promissory note on 05.05.1998 (Ex.A1) promising to repay the principal together with interest at the rate of 12% per annum on demand by the plaintiff or to his order. Rasappa Gounder did not repay any amount either towards the principal or interest and subsequently he died. The plaintiff demanded the defendants to pay the amount due under the pronote on several occasions. On 11.03.1999, he issued a lawyer's notice (Ex.A2) to the defendants calling upon them to repay
The execution of a promissory note is presumed valid under Section 118 of the Negotiable Instruments Act, and the burden shifts to the defendant to rebut this presumption with evidence.
The presumption of consideration applies to promissory notes once execution is admitted, placing the burden on the defendant to prove otherwise.
The burden of proof shifts to the defendant when the court finds that the disputed signatures match the admitted signature. Failure to examine a key witness may not be fatal to the plaintiff's case.
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....
The burden of proof lies with the Plaintiff to establish the execution and validity of the promissory note, and the Court can compare signatures to determine authenticity.
The validity of a promissory note is established by the plaintiff's evidence of execution and consideration, while the defendant must prove claims of forgery or lack of consideration.
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