M V RAMAN Vs. C K VENUGOPALAN

JUDGEMENT

(1.) Defendants in a suit for money on a promissory note are the appellants. The execution of the promissory note is admitted. The promissory note is executed for an amount of Rs. 32,000. The case of the defendants is that even though the promissory note was executed for an amount of Rs. 32,000 actually an amount of Rs. 16,000 alone was paid by the plaintiff, and even from that an amount of Rs. 960 was deducted as advance interest and the balance amount is only Rs. 15,040. So, the only question that has to be considered in the case was as to the fact whether what is stated in the promissory note as consideration for the promissory note is correct or not.

(2.) The circumstance would certainly indicate that the burden is on the defendants to say that what they have admitted in the promissory note as consideration is incorrect. It has to be remembered that what is stated in the promissory note will amount to an admission. Of course, if there is good evidence to establish the fact that admission was under particular circumstances and that it is not a correct and true statement, certainly the court can interfere. But, it requires satisfactory and valid evidence.

(3.) A notice was issued asking for payment of money in the promissory note. It was immediately replied. No contention was taken that the amount shown in the promissory note is incorrect and that the defendants' liability is confined to. Rs.15,040 If what is now contended is correct, the normal human conduct is to express with emphatic surprise that what is contained in the notice on a very crucial point, viz. consideration shown in the promissory note is untrue and incorrect. But, what is seen is that there is no whisper about the contention In the notice, but the defendants only made a request for some time to pay the amount.