S NAGARATHINAM Vs. P MARAPPAN

JUDGEMENT

(1.) S. Nagarthinam, the appellant herein is the defendant is O. S. No. 353 of 1982 on the file of the Principal district Munsif, Namkkal. Marrappan, the respondent herein filed a suit for recovery of a sum of Rs. 5,000/- from the defendant and the said suit was dismissed by the trial Court. In the appeal in A. S. No. 20 of 1985 preferred by the plaintiff/the respondent herein, the learned sub-Judge, Namakkal allowed the appeal and decreed the suit. Hence, this Second Appeal is filed by the defendant/ the appellant herein.

(2.) FEW facts are these : on 23. 12. 79, the defendant/ the appellant herein obtained a loan of Rs. . 5,000/- from the plaintiff/the respondent herein and executed a Promissory Note, promising to return the same together with interest at 12 per cent per annum. Since the amount was not paid in time, the plaintiff sent a legal notice to the defendant. Despite the receipt of notice, no reply had been sent. Hence, the plaintiff filed a suit for recovery of the amount of Rs. 5,000/- from the defendant.

(3.) THE suit was contested by the defendant by contending that neither he executed a Promissory Note nor the signature contained therein is his and that he never borrowed any money from the plaintiff, who was a stranger to him.