RAMASAMY Vs. KAMALAMMAL

JUDGEMENT

(1.) THE defendants in the Trial Court are the appellants. The first respondent has filed the suit on the promissory note stated to have been executed by the defendants on 05. 01. 1989 for an amount of Rs. 10,000/- agreeing to repay the said amount along with 12% interest. The defendants have denied the receipt of the said amount. However, it was the specific case of the defendants that they have received Rs. 8000/- from the plaintiff in 1981 but the plaintiff has obtained a promissory note from the defendants for Rs. 10000/- on 09. 11. 1981. It was at that time, according to the defendants, the plaintiff has obtained signatures of the defendants in a blank stamp paper. The defendants have returned the amount received by the plaintiff in 1981 and thereafter, there was no transaction between the defendants and the plaintiffs and at the insistence of the brother of the first defendant one Marimuthu, the suit promissory note was created in the blank paper. The promissory note was marked as Ex. A. 1 dated 05. 01. 1989, the first defendant Ramasamy was examined as D. W. 1 and the second defendant Selvaraj was examined as D. W. 2.

(2.) ACCORDING to the first defendant, he was in the habit of singing as A. ,uhkrhkp and according to the second defendant as D. W. 2, he used to sing as V. Selvaraj in English. However, the promissory note Ex. A. 1 contains the signature of the first defendant as uhkrhkp and the second defendant's signature found in Tamil. The second defendant has also produced various documents like Ex. B. 13 and B. 16 to show that he is in the habit of singing his name in English.

(3.) THE Trial Court after appreciation of evidence has dismissed the suit. It was on the appeal filed by the plaintiff, the appellate Court has granted a decree on the promissory note and it was as against the reversing judgement of the first appellate Court, the defendants have filed the second appeal. While admitting the second appeal, the following question of law was framed