KATHIRVELU Vs. ANBAZHAGAN

JUDGEMENT

(1.) (Appeal filed against the Judgment and Decree, dated 25.08.1995 made in O.S.No.38 of 1993 on the file of the Sub Court, Chidambaram.) This appeal is directed against the judgment and decree dated 25.08.1995 made in O.S.No.38 of 1993 on the file of the Sub Court, Chidambaram.

(2.) THE appellant herein was the plaintiff in the suit before the trial court. According to the appellant, the respondent having borrowed a sum of Rs.35,000/- on 01.03.1991, executed the suit promissory note, Ex.A.1, agreeing to repay the said sum together with interest at 18% p.a. Subsequently, the amount was not repaid and thereby the loan was not discharged. Hence, the appellant filed the suit seeking a decree against the respondent directing him to pay a sum of Rs.47,100/- with interest on the principal amount Rs.35,000/-at 18% p.a. and also for the costs.

(3.) ON the side of the appellant, P.Ws.1 and 2 were examined and the suit promissory note was marked Ex.A.1 and on the side of the respondent, the defendant was examined as D.W.1 apart from marking the documents Exs.B1 to B8. ON a perusal of the impugned judgment, it is seen that the trial court, considering the oral and documentary evidence, has held that Ex.A.1 was not a genuine promissory note executed by the respondent, supported by consideration, but held that it was a fabricated document and accordingly, the suit was dismissed.