Aaraayee v. Vasantha
Case brief
What is this about?
This second appeal examined if a suit promissory note was proved without handwriting comparison for the deceased plaintiff's signature. The court held that the note was unproven and set aside the first appellate order, restoring the trial court's dismissal.
What did the court decide?
The second appeal was allowed; the judgment and decree of the first Appellate Court were set aside; the trial Court's judgment and decree were restored.
What the court decided
S.A.(MD)No.709 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2021 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.709 of 2012
and M.P.(MD)No. 2 of 2012 and M.P(MD)No.1 of 2011
- 1.Aaraayee
- 2.Anbalagan
- 3.Kalaiselvi
- 4.Kalaiyarasi
- 5.Chitra
- 6.Minor Muniyasamy
- 7.Minor Backiyaraj
(Minors rep. By their Mother and Guardian P.Aarayee)
... Appellants/Respondents/Defendants 2 to 8
Issues for consideration
2 issues framed by the court
Whether the lower Appellate Court was correct in decreeing the suit when the plaintiff failed to get signatures compared by a handwriting expert under Section 45 of the Evidence Act.
Whether the discrepancy between the date of execution and the date of attestation in the suit promissory note constitutes a material alteration.
Parties & counsel
- appellant
Aaraayee (and others)
- respondent
Vasantha
Coram
G.R.Swaminathan
Case details
As recorded by the court registry
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