KOLANTHAN Vs. LAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 07.02.2015 made in I.A.No.4 of 2015 in O.S.No.190 of 2016 on the file of the Additional Subordinate Court (Trainee District Judge) of Namakkal.

(2.) The petitioner is the plaintiff and respondents are the defendants 2 to 4 in O.S.No.190 of 2016 on the file of the Additional Subordinate Court (Trainee District Judge), Namakkal. The petitioner filed the said suit against one Selvaraj/first defendant, respondents herein and one Pavai for recovery of money. According to the petitioner, Krishnasamy, husband of the first respondent and father of the respondents 2 and 3 and first defendant borrowed a sum of Rs.3,00,000/- on 15.01.1997 and agreed to repay the same after eight years on demand by the petitioner. The said Krishnasamy and first defendant did not pay the amounts. The said Krishnasamy died and respondents are his legal heirs. The first respondent filed written statement on 23.08.2006 and first defendant filed written statement on 18.01.2007 and are contesting the suit. The petitioner was examined as P.W.1 and marked promissory note dated 15.01.1997 as Ex.A1. The respondents filed I.A.No.4 of 2015 for cancellation of Ex.A1. According to the respondents, the said document is not a promissory note as eight years time has been granted to the borrowers and amounts is not payable on demand. The said document is not properly stamped.

(3.) The respondents submitted that on the day when the document was marked as Ex.A1, the Advocates were on boycott of Court and the respondents' Advocate was not present and could not object to marking of the said document.