C N SANKARAN NAMBUDURIPAD Vs. VIJAYAN

JUDGEMENT

(1.) The above appeal was heard on 19-9-1987 and it was dismissed on that day. Thereafter the appellant filed CMP No. 24632 of 1987 to readmit the appeal for hearing on the ground that the appeal happened to be dismissed without hearing the appellant's counsel. That petition was allowed and the appeal has been reheard.

(2.) Appellant is the 1st defendant in OS No. 330 of 1974 of the Sub-Court, Trichur. The 1st respondent (plaintiff) filed the suit for realisation of Rs. 8,048/50 with future interest at 9 per cent on the principal sum of Rs.6,000/- The learned Sub Judge decreed the suit for a sum of Rs. 6,000/- with interest at the rate of 9 percent per annum from 15-2-1972 up to the date of the judgment and interest thereafter at the rate of 6 per cent per annum on the principal sum fill realisation with costs. The Additional District Judge dismissed the appeal holding that the plaintiff is entitled to 9 percent interest from the date of Ext. A3 till the date of suit add 6 percent interest thereafter.

(3.) Contention of the appellant is that Ext.A1 being a promissory note and not properly stamped is not admissible in evidence and on that score the plaintiff has to be non suited. Defendants have admitted the execution of Ext.A1. Counsel for the plaintiff contended that the recitals in Ext.A1 would clearly show that it can never be construed as a promissory note and therefore the contrary contention of the defendant is wholly untenable.