S R SUBRAMANIAN Vs. SYNDICATE BANK

JUDGEMENT

(1.) A.S.No.913 of 1993: The defendant in O.S.No.255 of 1987 on the file of Additional Sub Court, Salem is the appellant herein.

(2.) THE short facts as projected by the plaintiff in the plaint relevant for the purpose of deciding this appeal are as follows: THE defendant has borrowed a sum of Rs.5,700/- from the plaintiff/bank on 6.8.1974 and executed a suit promissory note. THE said debt was acknowledged by the defendant on 19.7.1977,10.7.1980,1.7.1983 and 30.6.1986. THE statement of accounts maintained by the plaintiff/bank for the suit transactions is produced along with the plaint. Since repeated demands, and a notice dated 7.1.1987, were ended in vain , the plaintiff has filed this suit.

(3.) THE defendant in his written statement would contend that the defendant has not borrowed Rs 3,500/- from the plaintiff on 3.8.1973 under the suit promissory note. THE defendant has not created any collateral security for the said loan. THEre was no letter of acknowledgment was executed by the defendant in favour of the plaintiff as alleged in the plaint. THE signature in empty forms obtained by the plaintiff were misused and concocted as the suit promissory note and letter of acknowledgment for the purpose of this case. Hence the suit is liable to be dismissed.