S AMEER Vs. VIVEK ENTERPRISES

JUDGEMENT

(1.) THIS Appeal is preferred at the instance of unsuccessful Plaintiff in O. S. No. 418 of 1986 on the file of Principal Subordinate Judge, Pondicherry. The learned trial Judge has dismissed the Plaintiff's suit on the Preliminary Issue that the suit is not sufficiently stamped and that the suit claim is unsustainable on the foot of the suit instrument.

(2.) CASE of Appellant / Plaintiff is that the Respondent / Defendant borrowed Rs. 50,000/- on 01. 12. 1985 from the Plaintiff for purchase of exhibition rights of the Film "rajarishee" and the Defendant has agreed to repay the said amount with interest at the rate of 12% per annum by 01. 06. 1986 and executed the suit Promissory Note and thereafter Defendant failed to repay the same and hence the suit.

(3.) DENYING the claim of the Plaintiff, Defendant has filed Written Statement interalia contending that he was doing Toddy and Arrack business. In that connection, the Plaintiff used to purchase empty bottles from the Defendant as well as from others recommended by the Defendant. Further case of Defendant is that in November 1985, Defendant had asked the Plaintiff to lend money for starting Film Distribution Trade and without parting with the money, Defendant's signature was taken in the paper. The Defendant has mainly contended that the suit document is not a Promissory Note as described under S. 4 of Negotiable Instruments Act and that the suit cannot be filed on the said document. No consideration was passed to Defendant on 01. 12. 1985 and there is no cause of action for the suit. Due to misunderstanding in the Trade of Empty Bottles, the Plaintiff has filed the vexatious suit and the suit is not maintainable.