CHITHRA PRAHLADAN Vs. N PAKAJAKSHAN PILLAI

JUDGEMENT

(1.) THE first defendant in O. S. No. 369 of 2002 on the file of the Court of the Principal Subordinate Judge of Irinjalakuda, challenges the order dismissing her application under Rule 13 of Order IX of the Code of Civil Procedure.

(2.) THE respondent herein instituted the suit against the appellant and her son for realization of Rs. 3,59,984/- with interest. The plaintiff contended that the defendants executed a promissory note for Rs. 2,63,000/- in his favour. The amount claimed in the suit is the amount covered by the promissory note and interest upto the date of the suit.

(3.) BEFORE instituting the suit, a notice was issued by the plaintiff to the defendants. It is submitted that the defendants sent a reply denying the execution of the promissory note. The plaintiff had filed an application for attachment before judgment. In that application, the defendants filed a counter statement and disputed the genuineness of the promissory note. It was contended that the plaintiff and the defendants are neighbours. The husband of the first defendant was working away. The plaintiff was helping the first defendant to get loans from banks. For that purpose, the plaintiff had obtained blank signed papers from the defendants. The appellant stated that the promissory note was fabricated using those signed papers.