S NARAYANASAMY REDDIAR Vs. K P SIVARAMAN

JUDGEMENT

(1.) The plaintiff in O.S.No.139 of 1994 on the file of the Subordinate Judge, Virudhachalam, who lost before the two courts below is the appellant in this second appeal.

(2.) On 13.2.1999, R.JAYASIMHA BABU,J., ordered notice regarding admission returnable in six weeks. The respondent has been served and he has entered appearance through Mr.D.Bharathachakravarthy.

(3.) The second appeal is taken up for final disposal with the consent of counsel for either side. The learned counsel for the appellant raised the following substantial questions of law:- "1. Whether the courts below are right in holding that the pro note is not supported by the consideration when there are no vitiating circumstances and he execution of pro note is proved and when the presumption under section 118 of Negotiable Instrument Act hold the field? 2. Whether in law the courts below right in overlooking the presumption laid down in Section 118 of Negotiable Instrument Act that a Negotiable Instrument is fully supported by consideration and that the onus is on the respondent who sought to rebut on it to prove his case especially when the execution of pro note is proved?