C.B. CHANGUMAIAH Vs. C. PRASANNA

JUDGEMENT

(1.) This is Defendants' second appeal.

(2.) Respondent instituted OS No.173/2002 on 17.4.2002 before the Judge, Small Causes & Civil Judge [Sr. Dn.,], Mysore, arraigning appellants as defendants for recovery of Rs. 55,000/- with interest at 18% per annum on the assertion that the defendants borrowed Rs. 55,000/- from the plaintiff on 21.4.1999 and executed an on demand promissory note and consideration receipt of even date, agreeing to repay the amount with interest at 18% per annum. That suit was opposed by filing written statement, inter alia, denying the assertions as well as receipt of payment much less execution of the promissory note and consideration receipt.

(3.) In the premise of pleadings of the parties, the Trial Court framed the following three issues: "1. Whether the plaintiff proves execution of on demand promissory note dated 21.4.99 for Rs. 55,000/- with the interest allowed by defendants? 2. Whether the plaintiff is entitled for suit claim? 3. What Decree or Order?"