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2007 Supreme(Online)(KER) 29404

HIGH COURT OF KERALA
M.SASIDHARAN NAMBIAR, J
SUNIL KUMAR – Appellant
Versus
KARUNAKARAN NADAR – Respondent


J U D G M E N T

Appellant is plaintiff in O.S.957/98 on the file of Munsiff court, Neyyattinkara. Respondent is the defendant. Suit was filed for realisation of the amount due under Ext.A1 promissory note dated 3/1/1996. Respondent denied its execution. As per Ext.A1 Rs.40,000/- was borrowed by respondent and Ext.A1 promissory note was executed for its repayment with interest on demand. Learned Munsiff framed the necessary issues. Appellant was examined as PW1 and attesting witness was examined as PWS.3 and scribe was examined as PW.2. Apart from Ext.A1, Ext.A2 notice and Ext.A3 postal receipt were marked on his side. On the side of respondent Ext.B1 sale deed was marked. Signatures of respondent seen therein were marked as Ext.B1(a) and Ext.B1(b). Defendant was examined as DW1. Learned Munsiff on the evidence disbelieved the evidence of PWs.1 to 3 and held that execution of Ext.A1 promissory note was not proved and therefore dismissed the suit. Appellant challenged the decree and judgment before Sub court, Neyyattinkara in A.S.21/2000. Learned Sub Judge reappreciated the evidence and confirmed the finding of learned Munsiff and dismissed the suit. This second appeal is filed chall

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