ANNADURAI Vs. RAJENDRAN

JUDGEMENT

(1.) The appellant is the plaintiff. He filed the suit for recovery of a sum of Rs. 48,250.00 with subsequent interest based on a promissory note dated 03.09.2004 said to have been executed by the defendant.

(2.) The defendant contested the suit. His specific case is that he borrowed a sum of Rs. 22,000.00 from the plaintiff on 03.09.1999 and repaid the same with interest in the year 2000. His further case is that at the time of such borrowal, the plaintiff obtained a promissory note which he failed to handover after such discharge. It is the further case of the defendant that again on 03.09.2001, he borrowed a sum of Rs. 38,000.00 from the plaintiff and executed another promissory note. According to the defendant, he repaid the said sum after 11/2 years and however, the plaintiff did not return the promissory note to the defendant. Thus it is specifically denied by the defendant that he borrowed any further sum on 03.09.2004 as alleged by the plaintiff and executed the suit promissory note on the same day. In his written statement, the defendant also raised an objection with regard to a material alteration, i.e., alteration of the year of promissory note. In other words, it is the case of the defendant that a promissory note executed by him on 03.09.2001 in favour of the plaintiff is sought to be enforced by filing the present suit after the period of limitation by altering the date as 03.09.2004 as against the original date, viz. 03.09.2001.

(3.) The plaintiff examined himself as P.W.1 and examined the attesting witnesses of the promissory note as P.Ws. 2, 3 and 4. He marked Exs.A1 to A5. On the side of the defendant, apart from examining himself as D.W.1, he marked Exs.B1 to B3.