CHIDAMBARA PATHAR Vs. K R MANI ASARI

JUDGEMENT

(1.) This second appeal is directed against the judgment of the learned II Additional District Judge, Tiruchirapalli, made in A.S.No.79 of 199 2, affirming the judgment of the trial Court dismissing a suit on a promissory note.

(2.) The appellant, as plaintiff, filed the suit for recovery of money, based on an assignment, made in his favour by the promisee of Ex.A1 promissory note. According to the plaintiff, the defendant executed Ex.A1 promissory note on 22.11.1986 in favour of the assignor, in consideration of Rs.10,000/-, agreeing to pay the principal along with interest at 12% per annum, and the promisee under the promissory note one Shanmugam made an assignment on 27.7.1987 in favour of the plaintiff, and despite many a demand, no response was forthcoming, and hence, the suit for recovery of money.

(3.) The suit was resisted by the respondent/defendant stating that there was no consideration for the promissory note; that there was no occasion for the defendant to borrow any amount from one Shanmugam; that it was a bond executed in favour of Shanmugam, whereby the third parties were sent to foreign countries, and the defendant stood by way of surety; that no consideration passed that time, and hence, the suit was to be dismissed.