SIVAMOHAN Vs. JAYABALAN

JUDGEMENT

(1.) THE unsuccessful defendant in O.S.No.33 of 2004 on the file of the District Munsif Court, Thiruthuraipoondi, is the appellant.

(2.) THE respondent/ plaintiff filed the suit for recovery of money on the basis of promissory note dated 3.4.2000 executed by the appellant. The appellant contested the suit stating that he has not borrowed any amount on the basis of promissory note dated 3.4.2000 as alleged in the plaint and he borrowed a sum of Rs.50,000/- on 2.11.1992 and also executed unfilled up promissory note and signed on three revenue stamps each having the value of twenty paise and after the payment of Rs.50,000/- the respondent/ plaintiff refused to give the promissory note and thereafter the same promissory note was used by the respondent/ plaintiff to sustain the claim against the appellant.

(3.) THE learned counsel for the appellant submitted that admitedly no notice was issued prior to the filing of the suit and the appellant was having several transactions with the respondent/ plaintiff and for those transactions the respondent/ plaintiff obtained the blank promissory notes and misused one of the promissory notes obtained from the appellant to sustain the claim.