M.P.PALANIAPPAN Vs. C.RATHINASAMY

JUDGEMENT

(1.) NOTICE before admission had been issued and the respondent is also represented by a counsel. The arguments advanced on both sides were heard.

(2.) THE sole defendant in the original suit is the appellant. The respondent herein filed a suit on a promissory note for recovery of a sum of Rs.61,950.00 consisting of the principal amount of Rs.50,000.00 and interest on the said amount at the rate of 12% per annum from the date of promissory note till the filing of the suit together with future interest and costs.

(3.) THE appellant/defendant filed a brief written statement denying the alleged loan transaction and also denying the execution of the suit promissory note dated 15.10.2002. In the written statement, he had contended further that it was his brother, who had borrowed some amount from the respondent/plaintiff and the respondent/plaintiff pressurized the appellant/defendant to take the responsibility of settling the amount borrowed by his brother; that the appellant/defendant refused to do so and that the respondent/plaintiff forged the suit promissory note and filed the suit in order to harass the appellant/defendant.