NATESAN Vs. BALAMURUGAN FINANCE REGD

JUDGEMENT

(1.) THESE revisions are directed against the order of District Munsif, Rasipuram dismissing the petitions filed under Or. 6 R. 17 CPC, seeking to amend the Plaint on the basis of original Cause of Action. The Plaintiff in all the suits is the Revision Petitioner. Since common points for determination are involved in these revisions, all four revisions were taken up together for disposal.

(2.) D-1 is the Finance and other Defendants are the partners of the respective Finance. Case of the Plaintiff is that D-1 - Finance had approached the Plaintiff for a loan of Rs. 5000/ -. On being requested, the Plaintiff had paid Rs. 5000/- to D-1 finance, for which D-1 Finance had executed suit Promissory Notes. D-1 Finance has made two payments and made endorsements on the reverse of the suit Promissory Note. In spite of repeated demands, since balance amount was not paid, the Plaintiff has filed the suit for recovery of the balance amount with interest due.

(3.) THE first Defendant has filed the Written Statement contending that the suit pro-note is inadmissible in law and the suit is liable to be dismissed in-limine. Because of the non-cooperation and misunderstanding among the partners, business of the firm was stopped even in the year 1989 itself. The Defendants have denied the endorsements contending that the endorsements are forged ones. The suit is also barred by limitation.