G JAYALAXAMMA Vs. H M LINGEGOWDA

JUDGEMENT

(1.) This is a Second Appeal by the plaintiff. Plaintiff-appellant filed O.S. No. 197 of 1972 on the file of the Munsiff, Srirangapatna, for recovery of money due under a promissory note executed by the defendant-respondent in favour of one Venkatalakshamma, in evidence of borrowal of a loan of Rs. 3,000/- on 2.5.1969. The plaintiff is the assignee of the said pronote for consideration as per the endorsement dated 18.5.1969. Defendant paid- Rs. 1,000/- towards the debt on 22.2.1971 through one H.R. Visveswaraiah and the suit was filed for the balance.

(2.) The suit was resisted by the defendant on several grounds. The defendant did not admit the endorsement on the said pronote as true and the plaintiff was called upon to prove the same. The learned Munsiff, besides other issues, framed an additional issue as follows:

(3.) The learned Civil Judge formulated two points for consideration in the appeal,