SYNDICATE BANK Vs. S R SUBRAMANIAM

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and Decree dated 29. 03. 1993 made in O. S. No. 272 of 1987 on the file of the Additional Subordinate Judge, Salem.

(2.) THE appellant herein was the plaintiff in the suit before the trial Court and the suit was filed seeking a decree based on the loan obtained by the respondent/defendant on 12/9/1974 by way of executing a promissory note, marked as Ex. A1.

(3.) IN this appeal, it is not in dispute that the respondent had borrowed a sum of Rs. 5,500/- and executed a promissory note Ex. A1 on 12. 9. 1974. Ex. A2 is the document of security for the loan obtained by the respondent, whereby the respondent acknowledged the hypothecation of goods in favour of the appellant on 12. 9. 1974. The application for advance against merchandise transaction, executed by the respondent for the said debt on 12. 9. 1974 has been marked as Ex. A3. As per Ex. A. 6, the said debt was acknowledged by way of acknowledgment of debt to an extent of Rs. 9,706. 75/ -. As per Ex. A. 7, the respondent had admitted his liability to the appellant for Rs. 15,780. 90/- as on 10. 7. 1980. The trial Court has given its finding that the acknowledgment of liability under Ex. A7 has not been disputed by the respondent and as such the same has been established by P. W. 3 as a genuine document. Even in this appeal, the validity of Ex. A. 7 has not been disputed.