K CHOCKALINGAM Vs. K R RAMASAMY IYER

JUDGEMENT

(1.) The plaintiff, who was successful before the trial Court in O.S.No.147/97, on the file of the District Munsif, Thiruthuraipoondi, was unsuccessful, when the matter was taken on appeal, in A.S.No.64/2001 and the result is this revision petition.

(2.) The revision petitioner as plaintiff had filed a suit against the respondents, for the recovery of a sum of Rs.12,130.54, on the basis of a promissory note, executed by them on 27.4.1987. It is the case of the plaintiff, that the defendants, had acknowledged the debt on various dates, as evidenced by Exs.A3 to A5 and therefore, the suit is in time or in other words, the suit is not barred by limitation.

(3.) The respondents/defendants opposed the claim of the plaintiff, on various grounds, including the defence of limitation. According to defendants, even as per the case of the plaintiff, exhibits A4 & A5, endorsements have not been made by both the defendants, and therefore, the suit must be held, as barred by limitation.