P.G.ARUMUGAM Vs. S.NATARAJAN

JUDGEMENT

(1.) This Second Appeal has been preferred against the decree and judgment passed by the Sub Judge, Tirupattur District in A.S.No.7 of 2009 confirming the decree and judgment of the learned District Munsif, Tiruppattur dated 29.11.2009 in O.S.No.101 of 2004.

(2.) This Second Appeal has been admitted on the following substantial questions of law: 1. Whether the lower appellate Court was right in ignoring the public document exhibit B1 (School attendance Register) and preferring the evidence of PW.2 to hold that the defendant was present to execute the Pro-note? 2. Whether the Courts below were right in granting the decree in spite of the fact and when the defendant clealry let in rebuttal evidence by proving the mortgage executed by the defendant to the plaintiff was very much subsisting and that he executed blank promissory notes as security?

(3.) The respondent herein is the plaintiff and the first appellant herein one Late P.G.Arumugham (died, rep. by his L.Rs., appellants 2 to 6), was the defendant. For the sake of convenience, the parties herein will be referred to as 'the plaintiff' and 'the defendant'.