P S SEKAR Vs. K PANCHATCHARAM

JUDGEMENT

(1.) CHALLENGING concurrent findings of Courts below dismissing the plaintiff's suit on Promissory Note, unsuccessful plaintiff has filed this Second Appeal.

(2.) THE case of plaintiff is that defendant has borrowed a sum of Rs.30,000/- and executed Ex.A1 Promissory Note on 23.08.1998 agreeing to repay the amount with interest at the rate of 24% p.a. Since the defendant has not paid the amount, after issuing pre-suit notice, plaintiff has filed the suit for recovery of Rs.51,600/- along with interest at the rate of 12% p.a.

(3.) BEING aggrieved by the dismissal of suit by trial Court, the appellant / plaintiff filed Appeal in A.S.No.15 of 2006. Referring to xerox copy of the Promissory Note filed along with Written Statement, lower Appellate Court held that the year in Ex.A1 Promissory Note has been altered and that in view of the material alteration, plaintiff is not entitled to the relief and confirming the findings of trial Court, lower Appellate Court dismissed the Appeal.