PATEL BETTEGOWDA Vs. COORG MYSORE COFFEE CO

JUDGEMENT

(1.) This is defendant's second appeal. The respondent plaintiff had filed against him the suit in O.S. 71/71 on the file of the Munsiff, Srirangapatna, for recovery of a sum of Rs. 9974.43 and interest thereon with court costs. The suit was on the foot of a pronote dated 16.12.1968 said to have been executed by the defendant in favour of the plaintiff agreeing to .pay on demand the aforesaid sum.

(2.) Resisting the suit claim the defendant inter alia contended that he had not executed the pronote in question and further denied his liability thereunder. His case was that his son was an employee under the plaintiff, used to work as a store keeper in one of its branch establishments; that alleging that he (defendant's son) had misappropriated some goods belonging to it and entrusted to him the plaintiff was threatening to prosecute him; that in view of that threat, under dures and being forced, he (the defendant) had executed a bond in favour of the plaintiff; that it was only a collateral security and that he had not received any consideration under that document; and that in these circumstances he was not liable to pay any sums as claimed by the plaintiff and the suit be dismissed with costs.

(3.) The Munsiff formulated the following three issues on the basis of the aforesaid pleadings: