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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
Krishna Reddy – Appellant
Versus
Vidhubala – Respondent
| Table of Content |
|---|
| 1. summary of suit pleadings and trial proceedings. (Para 1 , 2) |
| 2. appellant contests execution, consideration, source. (Para 4 , 5) |
| 3. respondent defends proof via witnesses, rebuttal failure. (Para 6 , 7) |
| 4. plaintiff discharged burden; presumption not rebutted. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
JUDGMENT
The defendant in a suit for recovery of money, aggrieved by the judgment and decree in favour of the plaintiff has come up by way of this Appeal.
II. PLEADINGS:
2 (1). Plaint in brief:
The defendant is the maternal uncle of the husband of the plaintiff. The defendant borrowed a sum of Rs.10,00,000/- to meet family expenses on 07.10.2018 and agreed to repay the same with 12% interest per annum. The defendant executed a promissory note on the very same date. Despite repeated requests, the defendant failed to discharge the loan. The plaintiff caused a lawyers notice on 13.11.2020, to which the defendant sent a reply with false allegation on 01.12.2020. Hence, the suit.
2(2). Written Statement filed by the defendant in brief:
The defendant never borrowed any amount from the plaintiff. The defendant did not execute any promissory note and defendant has already suitably rep
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