SUBRAMANIAM Vs. KRISHNA GOUNDER

JUDGEMENT

(1.) AGGRIEVED against the judgment and decree of the Sub Judge, Thiruvannamalai in A. S. No. 53 of 1991 which was filed against the judgment and decree passed by the Principal District Munsif, Thiruvannamalai in favour of the plaintiff in O. S. No. 303 of 1987 in and by which the Sub Judge has set aside the judgment and decree of the Principal District Munsif and dismissed the suit, the plaintiff Subramaniam has filed this second appeal.

(2.) THE said suit was filed by the plaintiff Subramaniam against the defendant Krishna Gounder for recovery of Rs. 11,950/= being principal of Rs. 10,000/= and interest of Rs. 1950/= on a pro note said to have been executed by the defendant in favour of the plaintiff on 19. 2. 1985 for Rs. 10,000/=.

(3.) THE said suit was contested by the defendant with the contentions that the suit pro note dated 19. 2. 1985 was not at all executed by the defendant and he never borrowed Rs. 10,000/= from the plaintiff and instead the said suit pro note has been forged and fabricated by the plaintiff with his men and that the plaintiff himself was highly indebted to third parties and he had no means to pay Rs. 10,000/= to the defendant and that the defendant is not at all liable to pay any amount based upon the suit pro note and consequently the suit is liable to be dismissed.