P MADHEV Vs. S SANKAR

JUDGEMENT

(1.) The first defendant in a suit for recovery of money, has projected this instant Second Appeal against the judgment and decree dated 30.07.2008 passed by the Subordinate Judge, Dharmapuri, in A.S. No. 29 of 2007 wherein and by which the judgment and decree dated 26.04.2007 recorded in a suit for recovery in O.S. No. 122 of 2005 on the file of the District Munsif, Dharmapuri, were reversed allowing the First Appeal at the instance of the plaintiff.

(2.) The case of the plaintiff is that the defendants borrowed a sum of Rs.30,000/- from him on 01.8.1996 agreeing to repay the same on demand, with interest at the rate of Rs.2/- per hundred per month and also executed A - promissory note on the same day. It is stated that again, on 15.8.1996, the plaintiff lent them a sum of Rs.27,000/- on the basis of B- promissory note on the same terms. The further case of the plaintiff is that while the first defendant paid a sum of Rs. 5000/- on 27.7.1999 and Rs.5,000/- on 12.7.2002 towards A promissory note and another sum of Rs.10,000/- in two instalments on 06.8.1999 and 05.8.2002 respectively towards B promissory note, they did not care to repay the balance amount and discharge the promissory notes inspite of demands and hence, the plaintiff issued a notice to the defendants on 18.5.2005 for which they did not send any reply. Hence, the plaintiff filed the suit for recovery of a sum of Rs. 82,427.50 with interest.

(3.) Resisting the suit, the first defendant filed written statement, adopted by the second defendant, denying all the allegations mentioned in the plaint. Stating that the promissory notes are forged documents, he prayed for dismissal of the suit.