SUBBAIYA GOUNDER Vs. M BALASUBRAMANIAM

JUDGEMENT

(1.) THIS Appeal has been preferred against the Decree and Judgment passed in O. S. No. 16/1990 on the file of the Subordinate Court, Dharapuram.

(2.) ON the basis of a promissory note dated 1. 6. 1987 for a sum of Rs. 25,000/- the plaintiff has filed the suit for realization of the same from the Defendant with 12% interest and costs. The Defendant in his written statement has denied the execution of the suit promissory note. According to the Defendant the suit promissory note was executed some 15 years back by him to the father of the plaintiff and that there was no consideration passed on the suit promissory note. According to the Defendant the suit promissory note is a forged one and that it does not contain the signature of the Defendant. In the additional written statement the Defendant has raised a contention that during the life time of the father of the plaintiff the Defendant had executed some documents signing on stamp papers which were subsequently been forged by the plaintiff after the death of his father and that no consideration was passed on the suit promissory note. The plaintiff in his reply statement has denied the averments raised in the additional written statement filed by the Defendant.

(3.) ON the above pleadings the learned trial judge had framed two issues and on the basis of the documentary evidence let in by both parties, the learned trial judge has come to a conclusion that the plaintiff has proved the case and has consequently decreed the suit as prayed for with costs.