MALLIKARJUNAN Vs. RAMARATHINAM

JUDGEMENT

(1.) 1. The defendant who had lost before the both courts below, has come forward with the instant second appeal.

(2.) THIS second appeal has arisen in this way:

(3.) QUESTION Nos.1 and 2: It is not in dispute that Ex.A-4 promissory note had been executed by the appellant/defendant. In a suit, on a promissory note, the burden initially rests upon the plaintiff/respondent. The burden of proving consideration stands discharged as soon as the execution is proved and the rule of presumption laid down under Sec.118 of the Negotiable Instruments Act steps into helping the plaintiff to shift the burden on the other side. But, it should not be lost sight of that the presumption that is raised under Sec.118 of the Negotiable Instruments Act is not in respect of consideration mentioned in the negotiable instrument. The presumption is, in favour of there being a consideration for the negotiable instrument, the consideration is a valid consideration in the law. There is no presumption as to nature of consideration.