J. LAKSHMANAN Vs. S. JAWAHAR

JUDGEMENT

(1.) Inveighing the reversal of decree of dismissal made by the First Appellate Court in a Suit for recovery of money on promissory note, the defendant has preferred the above Second Appeal.

(2.) The respondent / plaintiff pleaded that the appellant / defendant borrowed a sum of Rs.90,000.00 on 19/5/2008 from him and executed a promissory note in his favour promising to refund the amount on demand with interest @ 12% per annum. Since he failed and neglected to repay the amount, inspite of repeated demands, he sent a legal notice on 16/2/2009 and the same was returned on 24/2/2009 and he filed the present Suit for Rs.1,09,232.00 together with interest.

(3.) Denying the allegations, the appellant would plead by way of written statement that he had not borrowed any amount from the respondent at any point of time. He is working as a Teacher in Government Higher Secondary School and he has no necessity to borrow money from anybody. The alleged promissory note was not executed by the respondent / defendant at any point of time. There was no transaction between the appellant and respondent and all the allegations made in the plaint are devoid of truth and respondent / plaintiff is put to strict proof. The appellant does not owe any money and the respondent was trying to misuse the promissory note by creating forged signature. The cause of action alleged was imaginary and not true.