UNITED COMMERCIAL BANK Vs. R RAJAMANI & ORS

JUDGEMENT

(1.) This revision petition is directed against the Judgment in A.S. No. 116 of 1984 on the life of the Subordinate Judge, Thanjavur, confirming the Judgment in No. 1031 of 1982 on the file of the District Munsif's Court, Thanjavur.

(2.) The revision petitioner filed the suit on the footing of a promissory note executed by the first defendant to which defendants 2 and 3 stood as guarantors. First defendant remained exparte. Defendants 2 and 3 had resisted the claim on several grounds inter alia contending that the two acknowledgements relied on by the Plaintiff dated 6.6.1978 and 26.6.1980 were not made by the first defendant and therefore, the suit claim is barred by limitation.

(3.) After trial, the learned District Munsif had found that the two acknowledgements relied on by the plaintiff were not made by the first defendant and he had dismissed the suit. On appeal by the plaintiff (revision petitioner herein), the lower Appellate Court confirmed the finding of the trial Court. Having failed in the appeal also, the plaintiff has come forward with the revision petition.