V S SOMASUNDARAM Vs. S PANDARINATHAN

JUDGEMENT

(1.) (Prayer: This appeal suit is preferred against the Judgment and decree passed in O.S.No.8 of 1989 dated 10.03.92 on the file of the Subordinate Judge, Gobichettipalayam.) The defendants in the suit have filed the present first appeal. The respondent filed a suit against the defendants for recovery of money due under a promissory note executed by the first defendant on 17.10.1986 for a sum of Rs.36,007/- and agreeing to repay the same with 12% interest. The plaintiff has issued a notice to the first defendant on 25.11.88 and there was no reply from the defendants.

(2.) THE plaintiff has filed the suit for recovery of money under the promissory note on the basis that the borrowal by the first defendant from the plaintiff is for joint family benefits and the first defendant being the father and second defendant being the minor son of the first defendant living jointly both the defendants are liable.

(3.) THE trial Court has framed the following issues;