VIJAYARAJAN Vs. G SREEDHARAN PILLAI

JUDGEMENT

(1.) This appeal is filed by the defendant in O.S.No.147 of 1991 on the file of the Sub Court, Cherthala. The original respondent herein was the plaintiff in that suit, which was filed by him for realization of money.

(2.) The averments in the plaint are briefly as follows :

(3.) The defendant filed a written statement mainly contending that the suit is not maintainable either in law or on facts. The defendant did not borrow Rs. 35,000/- or any other sum from the plaintiff on 11.2.1987 or on any other date. The defendant did not execute any receipt or promissory note in favour of the plaintiff undertaking to repay the amount with 12% interest. The defendant is conducting a small scale industry and he is not doing any business. The defendant after receiving the notice sent a reply notice through his counsel stating true facts. It is stated in the notice that the defendant did not borrow any amount from the plaintiff or executed any promissory note. Haridas, S/o.Kesavan, who was a near friend of the defendant was in inimical terms with the defendant. He fabricated the promissory note with the help of the witness and instituted the suit through the plaintiff, who is under the control of Haridas. Suit is barred by limitation. Plaintiff is not entitled to get any of the reliefs sought for in the suit.