DEVADHAS Vs. MANOHARAN

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the Judgment and decree dated 29.03.2007 passed in Appeal Suit No. 66 of 2005 by the District Court, Kanyakumari at Nagercoil, wherein the Judgment and decree dated 10.12.2004 passed in Original Suit No. 55 of 2004 by the Sub Court, Padmanabhapuram are reversed.

(2.) THE respondent herein as plaintiff has instituted Original Suit No. 55 of 2004 on the file of the trial Court praying to pass a money decree, wherein the present appellant has been shown as sole defendant.

(3.) IN the written statement filed on the side of the defendant, it is averred that the defendant has not received Rs.1,25,000/ - on 20.04.2001 from the plaintiff and executed the suit pronote. In fact on 18.04.2001, the defendant has received a sum of Rs.10,000/ - from the plaintiff by way of putting his signature on a blank pronote and subsequently he has paid Rs.16,200/ - towards principal and interest amount to the plaintiff. The defendant has given suitable reply notice to the notice issued by the plaintiff. Since the suit pronote is not supported by consideration, the plaintiff is not entitled to get the relief sought for in the plaint and therefore the present suit deserves to be dismissed.