NATARAJAN Vs. S PALANIANDI

JUDGEMENT

(1.) THE second appeal has been filed by one Natarajan who is the plaintiff in O. S. No. 907 of 1989 on the file of the District Munsif Court, Namakkal against the judgment and decree of the Sub Court, Namakkal in A. S. No. 68 of 1992 in and by which the Sub Judge has reversed the judgment and decree of the District Munsif Court by dismissing the suit itself.

(2.) THE said suit was filed by Natarajan for recovery of Rs. 10,000/= with interest as mentioned in the plaint from the defendants based upon a pro note executed by them on 24. 10. 1987 for Rs. 10,000/=.

(3.) THE said suit was resisted by the defendants stating that they did not execute the suit pro note on 24. 10. 1987 for cash consideration of Rs. 10,000/= and that on the other hand, a signed blank pro note was obtained from them by the plaintiff in connection with the chit transaction of the first defendant with one Kalaimagal Finance at Senthamangalam and that the first defendant Palaniandi has discharged the entire chit amount and that however, the plaintiff did not return the signed unfilled pro note obtained from him and lastly, the plaintiff appears to have filed this suit by filling up the said pro note for his convenience and therefore, the suit is liable to be dismissed.