time, the petitioner has taken the
plea that the suit promissory note is a forgery. From his affidavit filed in
support ... with
his stand in unequivocal terms that the suit promissory note was a forgery and
claimed that he is going to make an application
part payments under the suit promissory notes
and that he never endorsed on the backside of the two promissory notes.
He has also specifically pleaded ... contained in the
promissory notes and payment endorsements are not his signatures and
that the suit promissory notes are rank forgery. He has also stated
suit promissory note. Both the courts below, after considering the evidence on record, held that the endorsements of payments on the suit promissory note ... father executing a promissory note, may not have knowledge whether their father made the endorsements of payments on the suit promissory note
interest due on it. The basis for the suit was promissory note allegedly executed by the defendant on 7.9.1994 in favour of the plaintiff ... marginal witness were strangers to him. He termed the promissory note as 'rank forgery'. The following issues were framed for trial.
(1) Whether
promissory note filed by the plaintiff, the
defendant,
having raised a contest that the suit promissory note is a rank forgery, had
obviously obtained privately
false to say that she had executed the
suit promissory note. It is a rank forgery. Therefore, there was no occasion
for
the plaintiff
file.
2. Respondent herein claims to be an endorsee of promissory note from one Mr. Y. Subash Chandra Bose of Koduru Village, Krishna District, from ... amount from Subhash Chandra Bose and the suit promissory note is a rank forgery, and that said Subhash Chandra Bose has no capacity to lend
foot of a promissory note, dated 24.5.1999 alleged to have been executed by the petitioner-defendant for a sum of Rs. one lakh repayable with ... Written Statement filed on 1.6.2002 was that the said promissory note is a rank forgery and the same was brought out at the instance
amount of Rs.47,600/- on the basis of a promissory note. It was pleaded that on 20-8-1986 the defendant borrowed ... defendant resisted the suit pleading that the suit promissory note is a rank forgery. It was also pleaded that the defendant purchased tobacco from
thereof when the defence of forgery is taken by the defendant in a suit based on a promissory note, the burden of proof will always ... promissory note can establish that the same is not supported by consideration. In this case, appellants except stating that Ex.A1 is a forgery