P. ANNADURAI Vs. K. MANOHARAN

JUDGEMENT

(1.) The Appeal Suit has been instituted against the decree and judgment dtd. 28/9/2021 passed in O.S.No.172 of 2017.

(2.) The appellants are the defendants in the Suit and the respondent / plaintiff instituted a Suit for recovery of money. The plaint filed by the respondent herein reveals that the plaintiff is doing transport business and owns a lorry. The defendants are the husband and wife and the 1 st defendant is doing building construction on contract basis. For their professional and family needs, the defendants 1 and 2 have jointly borrowed a sum of Rs.12,00,000.00 from the plaintiff, promising to repay the same with the rate of interest of 18% per annum and jointly executed the promissory note on 24/4/2016 at Sandaipetttipudur, Namakkal Town. The defendants failed to repay the borrowed amount along with the interest and the demands made by the plaintiff went in vain. Thus, the plaintiff instituted a Suit for recovery of money along with interest.

(3.) The defendants filed a written statement stating that the averments made in the plaint is false. The defendants have not borrowed a sum of Rs.12,00,000.00 from the plaintiff with the interest at the rate of 18% per annum and executed a promissory note on 24/4/2016. The plaint averments are denied by the defendants and the signature and left thumb impression in the promissory note is also denied. It is contended that the promissory note is a forged document and therefore, the Suit is to be dismissed in limine.