MALAR FINANCE CORPORATION Vs. G RATHINAM

JUDGEMENT

(1.) THE plaintiff in O.S.No. 1914 of 1986 on the file of I Additional DistrictMunsif, Pondicherry is the appellant in the second appeal.

(2.) THE plaintiff which is a partnership firm filed the suit for recovery of Rs. 10,000 with interest at 24% per annum from the respondents herein on the following averments: THE defendants borrowed a sum of Rs. 10,000 on 17.11.1984 from the plaintiff and executed a promissory note agreeing to repay the amount jointly and severally with interest at 24% per annum. Inspite of repeated demands, the defendants failed to pay the amount due under the promissory note. THE plaintiff caused a lawyer's notice to be issued on 8.8.1986 calling upon the defendants to repay the amount with interest. Though the defendants received the notice, they did not choose to repay or send any reply to the suit notice, necessitating the filing of the suit.

(3.) THE trial Court on the oral and the documentary evidence held that the defendants' signatures were obtained on the stamp blank papers and blank pronotes and the suit pronote was one among them, that the plaintiff had not established that any consideration passed for the suit pronote, and that the defendants were not liable to pay any amount under the suit promissory note. So holding, the trial Court by judgment and decree, dated 21.7.1987 dismissed the suit.