RAMACHANDRAN Vs. SULAIMAN

JUDGEMENT

(1.) DISAPPOINTED plaintiff in view of the dismissal of the suit in O.S.No. 520 of 2006 by the trial Court/1st Additional District Munsif, Tirunelveli and dismissal of first appeal in A.S.No. 25 of 2010, by the Principal Sub Judge, Tirunelveli, directed this Second Appeal.

(2.) PLAINTIFF laid up the said suit for recovery of principal amount of Rs. 50,000/ - together with interest on the footing of Ex.A.1 Promissory Note dated 20.09.2003. He issued Ex.A.3, suit notice dated 17.08.2006, which was replied to by the defendants under Ex.A.5. It is further alleged that since no money was paid, the suit has been instituted.

(3.) THE trial Court rejected the plea of bar of limitation and also the plea of material alteration, however, it concluded that the plaintiff had not proved the due execution of Ex.A.1 by examining independent witness and the plaintiff has not specifically pinpointed the actual scribe of Ex.A.1, whether it was 1st defendant or 2nd defendant and ultimately dismissed the suit.