plaintiff, in brief, is that on 20.03.1991, the defendant executed a promissory note for Rs.30,000/- for valuable consideration at Perur Village, Coimbatore Taluk ... executed any promissory note in favour of the plaintiff and the promissory note referred to in the plaint is a rank forgery and the alleged
promissory note contained the signature of the defendant particularly when the defendant has denied her signature in the alleged promissory note and pleaded forgery ... agreed. In the process of proving the execution of the suit promissory note, the plaintiff had examined
from him and executed Ex.A.1-Promissory Note. Despite
repeated demands, the defendant did not come forward to repay the
amount. The notice issued ... never
borrowed any money from the plaintiff and the suit promissory note is of
forgery. He would also claim that the defendant had borrowed money
Written Statement Suit was instituted based on promissory note Defendant denied execution of promissory note and alleged that plaintiff has forged his signature No document ... filed by defendant rendering finding that there was no forgery and defendant had executed promissory note and decreed suit Even though court may have power
prove that the defendant was not available at that time the promissory note alleged to have been executed, the defendant examined ... send the suit promissory note as well as the admitted thumb impression for forensic and to prove that it was a forgery.
10. Having failed
daughter. The suit was allowed on the strength of the Promissory
Note. The plaintiff had issued pre-suit notice. The Revision petitioner had
given ... would question the very execution of the Promissory
Note attributed to her as rank forgery. Therefore, in the facts and
circumstances of the case, particularly
acceptable.
11. As far as the ground of fabrication of promissory notes and filing of the suit is concerned, in its order, the trial Court ... revision has been filed by the petitioner.
12. It is to be noted that as against the decree passed in the suit, the petitioner
N.Sekar vs State Rep By on 2 November, 2018
Author: P.N.Prakash
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