GOVINDA PADAYACHI Vs. ULHANDI PADAYACHI

JUDGEMENT

(1.) THIS civil revision petition is directed against the judgment in A.S.No.20 of 1987 on the file of Subordinate Judge, Cuddalore, confirming the judgment in O.S.No. 1322 of 1982 on the file of District Munsif, Panrutti.

(2.) SHORT facts are: The respondent has filed the suit on the foot of a pronote against the revision petitioner. He resisted it on the ground that there was partial failure of consideration that there was partial discharge that the endorsement was not true that defendant is entitled to the benefits of Debt Relief Acts and that the suit claim was barred by time. After trial, the learned District Munsif had rejected all the objections raised by the defendant and decreed the suit. Aggrieved by the same, the defendant has filed appeal in A.S.No.20 of 1987 and having failed there, has come forward with this revision petition.

(3.) I have carefully considered the submissions made by the rival counsels. I shall first advert to the genuineness of Ex.A-2. Regarding Ex.A-2. The stand taken in the written statement in para.6 reads as follows: