K.P. NALLAK GOUNDER Vs. K.C. KATHIRVEL

JUDGEMENT

(1.) THIS second appeal is filed against the judgment and decree dated 25.06.2001 made in A.S.No.18 of 2000 on the file of Principal Sub -Court, Gobichettipalayam, confirming the Decree and Judgment dated 22.07.1999 made in O.S.No.440 of 1994 on the file of District Munsif Court, Gobichettipalayam.

(2.) FOR the sake of convenience, the defendant in the original suit is referred as appellant and the plaintiff in the suit is referred as respondent hereafter.

(3.) THE appellant/defendant filed a written statement in which, it is denied the fact that the respondent borrowed a sum of Rs.9000/ - from the respondent on 20.05.1994 and executed a promissory note and agreeing to repay the interest at Rs.1.50 per month per hundred. The appellant has never executed any promissory note in favour of the respondent and did not received any amount from the respondent. The empty pro -note with only signature of the appellant given to one Gopal should have been used in this suit as a pro -note. The appellant also denied that the respondent has demanded the amount and the appellant has not paid the amount and no cause of action for the suit. Therefore, prayed for dismissal of the suit with compensatory costs.