LAWS(KER)-2016-3-126

JAGADEESH Vs. A.K. THOMAS

Decided On March 21, 2016
JAGADEESH Appellant
V/S
A.K. Thomas Respondents

JUDGEMENT

(1.) The simple question that is agitated in this Original Petition filed by the defendant is whether the document on the basis of which the respondent filed the suit is a promissory note or bond. In the affidavit filed by him in lieu of his examination -in -chief in the Trial Court the petitioner sought to get it marked as a promissory note. The petitioner filed an objection to it. The Court after hearing both parties held that it is a promissory note. The document carries the label promissory note. The essential recitals in it are as follows:

(2.) Promissory note is defined in Sec. 4 of the Negotiable Instruments Act as follows:

(3.) The definition of bond is seen in Sec. 2(a) of the Kerala Stamp Act. Bond includes - -