P.B. MANOHARAN Vs. SIVARAJAN, PLAVILAYIL VEEDU

JUDGEMENT

(1.) THE plaintiff who lost his suit before the Subordinate Judge's Court, Pathanamthitta has come up in appeal challenging the judgment and decree dated 29.11.2001 in O.S. No.195 of 1993.

(2.) THE suit is for money. The case of the appellant/plaintiff is that the respondent had issued Ext.A3 cheque dated 20.4.1992 drawn on the Middle East Bank, Sharjah, U.A.E. to the appellant for an amount of Rs.45,150/ - in discharge of the liability of the respondent to pay the said amount borrowed by the respondent from the appellant, while both of them were working in Sharjah. When the cheque was presented for payment, it returned dishonoured for insufficiency of funds in the accounts of the respondent.

(3.) ON the side of the appellant, PWs 1 and 2 were examined and Exts.A1 to 10 were marked. On the side of the respondent, the respondent was examined as DW1 and Exts.B1 to B3 were marked. The court below found that the suit is maintainable and the court below has territorial jurisdiction to deal with the matter. At the same time, after discussing the evidence on merits, the court below concluded that the appellant has failed to prove that he is entitled to recover any amount from the respondent and further that the appellant has failed to prove the transaction in question. The court below dismissed the suit through the impugned judgment and decree.