M. KALIAMOORTHY Vs. DHANUSKODI

JUDGEMENT

(1.) Since the subject matter and the parties involved in these Second Appeals are inter-connected, they are disposed of by this common judgment.

(2.) From the materials available on record, it is seen that the defendant borrowed various amounts, viz., Rs.75,000/-, Rs.80,000/-, Rs. 80,000/- and Rs.75,000/-, from the plaintiff on 06.3.1995, 01.12.1993, 01.6.1994 and 09.7.1995 respectively, agreeing to repay the same on demand, together with interest and executed promissory notes. But inspite of repeated demands and notices, the defendant had not paid the amount but issued reply with false allegations. Hence, the plaintiff filed the above said suits. On the other hand, the defendant resisted the suits denying all the allegations raised by the plaintiff. The case of the defendant is that the signatures found in the suit promissory notes are forged and sought for dismissal of the suits.

(3.) A joint trial was conducted by the trial Court before which the plaintiff examined himself as P.W.1 along with P.W.2 to P.W.6 and marked Exs. A.1 to A.9. To nullify the case of the plaintiff, the defendant examined himself as D.W.1 besides examining one Jayadevi, Handwriting Expert, as D.W.2 and marked Exs. B.1 to B.10. Exs. C.1 to C.8 were marked as Court documents.