BALASUBRAMANIAM Vs. SELVAM

JUDGEMENT

(1.) The defendant in the original suit is the appellant in the Second Appeal. The respondent in the Second Appeal filed the suit O.S. No.28 of 2008 on the file of the Sub Court, Neyveli for recovery of money due under the suit promissory note dated 13.11.2004 marked as Ex.A1.

(2.) The case of the respondent herein/plaintiff is that the defendant borrowed a sum of Rs.2,00,000/- on 13.11.2004 and executed Ex.A1/Promissory Note, promising to repay the said amount with interest at the rate of 12% per annum and thereafter, failed to pay any amount either towards interest or towards principal.

(3.) The defence plea of the appellant herein/defendant is that he did not borrow any amount much less Rs.2,00,000/-, on 13.11.2004. It is his further contention that the suit Promissory Note, produced as Ex.A1, was not executed by him and the signature found therein is not that of the appellant/defendant. He has also taken a plea that the suit promissory note is a forged one.