UNNIKRISHNAN (DIED) Vs. SIVAKUMAR

JUDGEMENT

(1.) The petitioners are the legal heirs of the deceased defendant in O.S.No.3 of 2014 on the files of the Sub Court, Cherthala. The suit is filed by the respondent seeking to recover Rs.9,95,000/- with interest from the defendant. The allegation in the plaint is that the defendant had borrowed an amount of Rs.9,95,000/- from the plaintiff and had issued a cheque for the amount towards discharge of the said liability. The cheque was dishonoured for insufficiency of funds and despite issuance of notice, the amount was not repaid.

(2.) In their written statement, the defendant denied the transaction and alleged that the actual transaction According to the defendants, the actual transaction was between the plaintiff and one Sindhu Akhileshan and the defendant's wife (1st respondent herein) had stood as a mediator for the transaction. When Sidhu Akhileshan failed to repay the amount borrowed by her, the plaintiff, who is a money lender, threatened the defendant and obtained blank cheques from him. Even though the defendant repaid the principal amount borrowed by Sindhi Akhileshan, the suit was filed raising false allegations.

(3.) After the suit was listed for trial, the respondent moved an application for amendment which the court below allowed vide