PAUL Vs. JECKO

JUDGEMENT

(1.) The defendant, who suffered decree for money in O.S.No.1157/2009 before Sub Court, Thrissur, has preferred this appeal

(2.) During the pendency of the appeal, the defendant passed away and his legal representatives were brought on record as additional appellants. Similarly, the respondent/plaintiff also passed away during the pendency of this appeal and his legal heirs were also impleaded as additional respondent Nos. 2 to 5.

(3.) The plaintiff's case is that on 15/6/2007, the defendant received Rs.20 lakhs as loan agreeing to return the amount with interest and on the same date itself, executed Ext.A1 promissory note in favour of the plaintiff. But the defendant neither paid interest nor returned the amount and therefore on 22/9/2009, plaintiff sent Ext.A2 notice demanding return of the amount with interest. Even then, no response was received from defendant and accordingly suit for recovery of money was filed in the court below.