N.P.SEBASTIAN Vs. JOSE RODRIGUES (DIED)

JUDGEMENT

(1.) The sole defendant in O.S.No.112/2004 which was filed forma pauperis for realisation of money challenges the decree passed by the learned Principal Sub Judge, Ernakulam, allowing the respondent/plaintiff to recover a sum of Rs.4 lakhs with future interest at the rate of 6% per annum.

(2.) The respondent-plaintiff after institution of the appeal, expired and his legal representatives have been impleaded as additional respondents 2 to 5.

(3.) The plaintiff's case is that the appellant borrowed a sum of Rs.2,50,000/- on 1.4.2001 and another amount of Rs.1,50,000/- on 21.10.2001 and on these two occasions, Exts.A1 and A2 promissory notes were executed and issued in his name. On 12.12.2003, the parties entered into an oral settlement at the intervention of mediators and after waiving the interest due to the plaintiff, the liability of the appellant was fixed for a sum of Rs.4 lakhs and accordingly Exts.A3 cheque dated 9.2.2004 and Ext.A4 cheque dated 10.2.2004 respectively drawn for an amount of Rs.1,50,000/- and Rs.2,50,000/- were issued in the name of the plaintiff. When the cheques were due for presentment before the bank, the defendant took steps to sell off his property and therefore suit was immediately filed for the purpose of securing the attaching debt due to him by the property.