promissory
note, initial burden is always lies on the plaintiff to establish and
prove the execution of the promissory note. Once the execution of
promissory ... promissory
note came to be executed. PW2, one of the witnesses to the
promissory note has spoken about the execution of the promissory
note
Promissory Note came to be executed for the
said amount. P.W-1 is his evidence also stated about the execution of
Promissory Note ... statement that Ex.P5-
Promissory Note has not been executed and those documents have been
created by forgery, it is for the defendants
defendant. It is further to be noted
that it is the contention of the defendant that the promissory note is a fabricated
one. Such ... holding that as the
defendant had pleaded forgery of his signature in the suit promissory note and
the plaintiff had failed to discharge his initial
consent deed or promissory
note in favour of her deceased brother; the alleged unregistered consent deed
and promissory note will not at all bind ... same are result of forgery;
she is entitled to 1/7th share in the joint family properties; respondents 2 to 8
are acting against
Instruments Act,1881, reads as follows:
64. Presentment for payment.— (1)Promissory
notes, bills of exchange and cheques must be presented
for payment ... registered letter is sufficient.
Exception.- Where a promissory note is payable
on demand and is not payable at a specified place, no
presentment is necessary
show that there was no consideration passed on the promissory
note and that the promissory note is not supported by any consideration.
13. In Salem ... initially rests on the plaintiff who
has to prove that the promissory note was executed by the
defendant. As soon as the execution
seen from the typed set page No.8 and the promissory notes contained in the typed
set page Nos.9 and 10 are also signed ... respondent
is not a party to the contract and serious allegations of forgery and fraud has been
raised with regard to the signature
attorney dated 09.07.2012 in favour of
the first defendant. Two blank promissory notes were obtained by the first
defendant. Only during the 3rd week ... certificate enclosed with the sale deed is a result of fraud and
forgery. Hence, the suit.
4.b. It is the case of the defendants
L. Saraswathi vs G.Saraswathi on 7 February, 2025
Author: N.Sathish Kumar
Bench: N
