CHENNA NAICKER Vs. MARA NAICKER

JUDGEMENT

(1.) THE defendant filed the second appeal against the Judgment and Decree dated 30.03.2007 passed in A.S. No. 62 of 2006 on the file of the Subordinate Judge, Bhavani, reversing the Judgment and Decree dated 28.06.2006 passed in O.S. No. 65 of 2005 on the file of the II Additional District Munsif (Incharge)/Principal District Munsif, Bhavani.

(2.) THE respondent/plaintiff filed a suit in O.S. No. 65 of 2005 on promissory note for recovery of a sum of Rs. 79,852.50.

(3.) OPPOSING the plaint, the appellant/defendant filed a written statement wherein it is stated that the defendant denied the execution of the Promissory Note dated 15.8.2003, in favour of the plaintiff. He further stated that he borrowed a sum of Rs. 5,000/ - only from the plaintiff for his urgent family expenses by signing in a blank Non Judicial Stamp paper. He denied the execution of the suit Promissory Note in favour of the plaintiff. The defendant further submitted that the alleged suit Promissory Note was a rank forgery and he is not liable to pay the said sum of Rs. 79,852.50. Hence, he prayed for dismissal of the suit.