LAWS(MAD)-2010-9-390

ARUL Vs. MOHAN

Decided On September 17, 2010
ARUL Appellant
V/S
MOHAN Respondents

JUDGEMENT

(1.) The Appellant/Defendant has projected this Appeal as against the Judgment and Decree dated 21.08.2001 in O.S.No.9 of 2001 passed by the Additional District Judge, Pondicherry at Karaikal.

(2.) The trial Court viz., the Additional District Judge, Pondicherry on an appreciation of oral and documentary evidence available on record in the Judgment dated 21.08.2001 in O.S.No.9 of 2001 has inter alia observed that 'the Respondent/Plaintiff has proved that the Appellant/Defendant borrowed a sum of Rs.20,000/- on 20.01.1998 and executed that Ex.A1 suit pronote to the undertaking to pay the interest at the rate of 18% per annum of the principal amount mentioned therein but that the Appellant/Defendant has not proved that he has signed a printed blank pronote and handed over to the Respondent/Plaintiff on 11.07.1998, etc., and resultantly has come to the conclusion that the Appellant/Defendant has borrowed a sum of Rs.20,000/- on 21.09.2008 and that the suit pronote is binding on the Appellant/Defendant and accordingly, passed a Decree with costs in favour of the Respondent/Plaintiff.

(3.) Before the trial Court, in the main suit, four issues have been framed for adjudication. On the side of the Respondent/Plaintiff, Witnesses P.Ws.1 and 2 have been examined and Exs.A1 to A3 have been marked. On the side of the Appellant/Defendant, Witnesses D.Ws.1 and 2 have been examined and Ex.B1 has been marked.