K VIJAYAKUMAR Vs. P M MOORTHY; VASANTHI

JUDGEMENT

(1.) Aggrieved by the unanimous decision of dismissal of the suit for recovery of money, by the Courts below, the plaintiff has preferred the instant Second Appeal.

(2.) The suit was filed for recovery of money based on a promissory note. The respondents / defendants are husband and wife. It is alleged by the plaintiff that on 23.3.2005, the defendants borrowed Rs. 1 lakh from him repayable on remand along with 12% interest. As there was no repayment, the suit came to be filed.

(3.) The suit was resisted by the defendants contending that there was no necessity for them to borrow money from the plaintiff. They had also denied the signatures on the promissory note. According to the defendants, the suit promissory note was created for the purpose of the suit and there is no truth in it.