JAWARILAL JAIN Vs. R VIJYAKUMAR

JUDGEMENT

(1.) THIS second appeal has been preferred against the decree and judgment in A. S. No. 35/1994 on the file of the court of Principal District Judge, Vellore. The plaintiff filed the suit O. S. No. 229/1991 before the Subordinate Judge, ranipet. The plaintiff, who won the case before the trial court, has lost his case in part before the first appellate court, which necessitated the plaintiff to prefer this second appeal.

(2.) THE averments in the plaint in brief relevant for the purpose of this second appeal are as follows:-The defendant borrowed a sum of Rs. 15,000/-from the plaintiff on 25. 06. 1984 and executed a promissory note in favour of the plaintiff agreeing to repay the same with interest thereon at 15% per annum. In spite of the repeated demand the defendant did not pay the amount. The pronote executed by the defendant was lost by the plaintiff on 09. 06. 1987 when he came in a bus from Wallajah to vellore. A complaint was preferred by the plaintiff in this regard with the Vellore police. The pronote was not traced out. The defendant has not paid any amount. A sum of rs. 20,350/- is due to the plaintiff on the date of filing of the suit. Hence, the suit.

(3.) THE defendant in his written statement would contend that he had borrowed only a sum of Rs. 5,000/- and executed a pronote in favour f the plaintiff. After the receipt of notice from the plaintiff, the defendant had paid a sum of rs. 4,000/- towards the principal debt and interest. An endorsement to the above said partial discharge has also been made by the plaintiff on the reverse side of the pronote on 5. 4. 1985. Hence the defendant did not issue any reply notice to the plaintiff. It is fradulent on the part of the plaintiff to state that the suit pronote has been lost on 9. 6. 1987. The plaintiff has burked the pronote, only with an ulterior motive to claim excess amount. Hence a decree may be passed for a sum of Rs. 5,000/- together with interest at 12% per annum from the date of pronote till the date of plaint less Rs. 4,000/- paid by the defendant on 5. 4. 1985.