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2021 Supreme(Online)(KER) 28541

HIGH COURT OF KERALA
K. Babu, J
PANEER SELVAM – Appellant
Versus
SIBY THOMAS – Respondent


JUDGMENT

The plaintiff is the appellant in this Regular Second Appeal.

2. The plaintiff instituted a suit for realising money on the strength of a promissory note dated 16.11.2000. He pleaded that the defendant had borrowed a sum of Rs.70,000/- from the plaintiff by executing a promissory note agreeing to repay the amount with interest on demand. However, even after repeated requests, the defendant failed to repay the amount due to the plaintiff.

3. The defendant resisted the claim. Defendant admitted that he had affixed signature in promissory note (Ext.A1). However, he contended that he had not executed the promissory note as pleaded by the plaintiff. According to the defendant, on 10.11.2001, he had borrowed a sum of Rs.10,000/- from the plaintiff for business purposes and at the time of borrowing the money, he had handed over a signed blank stamp paper to the plaintiff, which was later converted as a promissory note by the plaintiff.

4. On the side of the plaintiff, PW 1 was examined and Ext.A1 was marked. DWs 1 and 2 were examined on the side of the defendant.

5. The Trial Court decreed the suit allowing the plaintiff to recover the plaint amount with interest at the rate of 18% p

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