K V SUBBAIAH Vs. K M SOMAIAH

JUDGEMENT

(1.) The present respondent had filed an original suit in O.S.No.79/2005, in the Court of the Civil Judge (Jr.Dn.), Somwarpet, (henceforth for brevity referred to as "the trial Court") against the present appellant for recovery of a sum of '45,543/- with interest thereupon.

(2.) The summary of the case of the plaintiff in the trial Court was that, the plaintiff on the request of the defendant had given him a loan of '30,000/- on 17.8.1998 upon the defendant executing a promissory RSA.No.528/2012 note in his favour agreeing to repay the said loan amount along with interest thereupon at 17% p.a. In spite of repeated demands and even after issuance of a legal notice, the defendant failed to repay the loan amount, as such, the plaintiff was constrained to institute a suit against him for recovery of money.

(3.) In response to the notice served upon him, the defendant appeared through his counsel and has filed written statement totally denying the plaint averments regarding borrowing of '30,000/- from the plaintiff and also execution of promissory note agreeing to repay the said amount along with interest thereupon. Apart from denying his alleged liability towards the plaintiff, the defendant also contended that the documents produced by plaintiff is a rank forgery which does not bear his signature. RSA.No.528/2012