CHERIAN P C Vs. KUMARAN VAIDYAR

JUDGEMENT

(1.) The plaintiff in a suit based on a promissory note which was dismissed by Trial Court with costs is the appellant and the defendants in the suit are the respondents. The parties will be referred for the sake of convenience as they were before the Trial Court. The plaintiff's case as averred in the plaint was that the defendants on 28th July, 1992 executed a promissory notice in favour of the plaintiff for an amount of Rs.32,000/- (Rupees thirty two thousand only) which was borrowed by the defendants for the purpose of the marriage of the daughter of the first defendant and other expenses and that the defendants promised to pay interest at the rate of 12% per annum and also that inspite of repeated demands, defendants had not discharged the debt.

(2.) Through their joint written statement defendants raised the following contentions:

(3.) The learned Subordinate Judge formulated the following issues for trial: