T BABY AMMAL Vs. VINOLA AMMAL

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree, dated 13. 1 2. 1986, made in O. S. No. 568 of 1984 on the file of I Additional Sub- Judge, pondicherry. The plaintiffs are the appellants.

(2.) THE case of the appellants/plaintiffs is that the respondent/ defendant received cash consideration of Rs. 3,000/- on 27. 9. 1974, Rs. 2 ,000/-on 5. 2. 1975, Rs. 4,500/- on 7. 7. 1976, Rs. 8,000/- on 18. 3. 1977 and Rs. 6,200/- on 9. 3. 1979 and in all totalling a sum of Rs. 23,700/- from them and executed separate pronotes for the consideration on each date mentioned above agreeing to repay t he same with interest at 12% and the defendant did not pay any amount on the pronotes, pursuant to which, demand notice was issued through the counsel on 26. 6. 1984 and even after receiving the same, no payment was made and hence the suit is filed and the suit is not barred by limitation since under local French law, suit could be filed within 30 years.

(3.) THE respondent/defendant in her written statement has denied the averments in the plaint and stated that there was no cash transaction between the parties and they had only business transaction of purchase and sale of rice, in the course of which, such documents used to be given and as such there was never any passing of consideration and the defendant also did not admit the execution of the pronotes and the suit claim is barred by limitation and the French law is not applicable to the proceeding for recovery of money due under promissory note.