JUDGMENT

The defendant in O.S.No.115 of 2010 is the appellant. The challenge is to the Judgment of the Appellate Court in A.S.No.18 of 2018 confirming the decree passed in a suit for recovery of money, based on a promissory note in O.S.No.115 of 2010.

2. The suit was laid by the respondent/plaintiff contending that the defendant borrowed a sum of Rs.1,50,000/- from him on 28.05.2008 and executed a promissory note, agreeing to pay interest at Rs.1/- p.m. for Rs.100/-. Since the defendant did not repay the money, despite legal notice dated 15.09.2010, the plaintiff had sued for recovery.

3. The suit was resisted by the defendant, contending that he does not know the plaintiff and he did not borrow any money from the plaintiff. It is claimed that the defendant had borrowed a sum of Rs.40,000/- from his co-worker Cheran and executed a promissory note for security for the said transaction without filling it up. Though he had repaid the money, the said Cheran did not return the promissory note and claimed that it has been lost. It is the case of the defendant that the said promissory note has been handed over by Cheran to the plaintiff in order to enable him to file a suit.

4. At trial, the