KADANCHERI SIVASANKARAN NAIR Vs. T SOBHANA

JUDGEMENT

(1.) THE short question is as to whether the document dated 5-2-2009 relied on by the plaintiff in the suit for realisation of money is an 'agreement' or a 'bond'. The plaint proceeds on the basis that the execution of the document was contemporaneous with the payment of money by the plaintiff in favour of the defendant which is further clarified in the averments relating to cause of action. The document read as a whole would reveal that a liability has been created for the first time on the defendant and his properties under the document and that there is no pre- existing liability.

(2.) IT has been held in a catena of decisions that a document which creates liability for the first time is a 'bond' and not an 'agreement'. The following are the few.