ESWARI AMMAL Vs. VALLIMAYIL

JUDGEMENT

(1.) The plaintiff in O.S.No.36 of 1997 on the file of the Sub Court, Tirunelveli is the appellant in this second appeal. The appellant/Eswariammal filed the said suit seeking to recover a sum of Rs.42,300/- from the original defendant namely., Chellapandi. The suit was laid on the strength of Ex.A.1/promissory note, dated 25.05.1995. The suit was later transferred to the file of the II Additional District Munsif Court, Tirunelveli and renumbered as O.S.No.118 of 2004. The suit was originally decreed ex-parte. The original defendant/Chellapandi thereafter filed I.A.No.162 of 1998 for setting aside the same. The set aside petition was allowed. Before filing the written statement, the original defendant passed away. His legal heirs/respondents herein filed the written statement denying the genuineness of the suit pro note.

(2.) The plaintiff examined herself as P.W.I, through her, Exs.A.1 to A3 were marked. The wife of the original defendant namely., Vallimayil, examined herself as D.W.I, through her Exs.B1 and B2 were marked.

(3.) The learned Trial Munsif after considering the evidence on record decreed the suit and directed the defendants to pay a sum of Rs.42,300/- for the original amount of Rs.30,000/- with interest at the rate of 6% per annum to the plaintiff from the date of filing of the suit till the date of payment. Aggrieved by the same, the defendants filed A.S.No.134 of 2005 before the II Additional Sub Court, Tirunelveli. The Lower Appellate Court by judgment and decree dated 11.11.2005 set aside the judgment of the Trial Court and allowed the appeal. Questioning the same, this second appeal has been filed.