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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Saraswathi – Appellant
Versus
Selvi – Respondent
JUDGMENT :
K. MURALI SHANKAR, J.
1. The Second Appeal is directed against the judgment and decree made in A.S.No.16 of 2023, dated 27.02.2024, on the file of the Additional District and Sessions Court, Periyakulam, reversing the judgment and decree passed in O.S.No.104 of 2018, dated 25.01.2023, on the file of the Subordinate Court, Periyakulam.
2. The appellants are the defendants. The respondent/plaintiff filed the suit in O.S.No.104 of 2018, on the file of the Subordinate Court, Periyakulam against the appellants/defendants for recovery of money due on a promissory note alleged to have been executed by the deceased Veeramuthu. The defendants filed their written statement and contested the suit. The learned Subordinate Judge, Periyakulam after framing necessary issues and after full trial, passed the judgment and decree dated 25.01.2023, dismissing the suit. Aggrieved by the dismissal of the suit, the plaintiff preferred an appeal in A.S.No.16 of 2023 and the learned Additional District and Sessions Judge, Periyakulam upon considering the materials available on record and on hearing the arguments of both sides, passed the impugned judgment and decree, dated 27.02.2024, setting aside
The High Court's jurisdiction in second appeals is limited to substantial questions of law; it cannot re-evaluate evidence or facts determined by lower courts unless there is a clearly established er....
The court affirmed that in appeals under Section 100 CPC, substantial questions of law must be present for intervention; otherwise, factual findings of lower courts are conclusive.
The presumption under Section 118 of the Negotiable Instruments Act favors the holder of a promissory note, and the burden of proof lies on the Defendants to demonstrate the non-existence of consider....
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.
The court reaffirmed that findings of fact by lower courts must not be interfered with unless shown to be perverse, and upheld the presumption of consideration under the Negotiable Instruments Act.
The validity of a promissory note is upheld when supported by evidence of execution and consideration, and a second appeal requires substantial questions of law to be present.
The burden of proof lies with the Defendant to establish discharge of debt, and the absence of clear evidence leads to dismissal of the appeal.
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