D. RAJAGOPAL Vs. JAGATHAMBAL

JUDGEMENT

(1.) D. Rajagopal, who is the defendant in O S. No. 6907 of 1980 on the file of the 5th Additional Judge, City Civil Court, Chennai, is the appellant herein. The defendant, having lost in the lower appellate Court, has preferred this Second Appeal.

(2.) The respondent/plaintiff filed a suit on a promissory note for recovery of a sum of Rs. 8,375.00, with interest on the principal amount of Rs. 5,000.00. According to the plaintiff, the defendant borrowed a sum of Rs. 5,000.00 on 4.12.1974 by executing a promissory note for the said sum and agreeing to repay the same on demand with interest at 18% per annum. Subsequently, he paid some amount on 8.10.1977 towards interest for the period from 4.12.1974 to 31.10.1976 and the same was endorsed on the back of the promissory note. Thereafter, he did not make any payment. Therefore, the plaintiff sent a registered lawyer's notice on 30.6.1980, calling upon the defendant to pay to her the sum of Rs. 8,300.00 towards principal as well as interest. Though the defendant acknowledged the receipt of the notice, he neither sent any reply nor made any payment. Hence, she filed the suit for recovery of the said amount.

(3.) According to the defendant, he borrowed only a sum of Rs. 2,500.00 on 4.12.1974 by executing a promissory note and the last payment in respect of the said promissory note debt was made by him on 22.2.1977 and the suit which has been filed on 8.8.1980 is liable to be dismissed as it was barred by limitation. He also stated that an endorsement was made on 8.10.1977 and the signature of the defendant contained in the promissory note over the page is a forged one.