Suit on promissory note

KmeduVishnu (Querist) 26 June 2013 This query is : Resolved
Dear Experts,

In a suit on promissory note, the defendant in his written statement had refused the borrowal and also denied the execution of promissory note but during his cross examination he categorically deposed as follows: “I had paid everything to the plaintiff and I have no dues towards the plaintiff as such I already orally demanded the plaintiff to return back the “suit promissory note” to me but he didn’t given it to me and in that connection I never issued any lawyer notice to him but I demanded only orally”.

Whether such a evidence let in by the defendant that he orally demanded the plaintiff to return back the “suit promissory note” but the plaintiff didn’t return back will amounts to “admission of execution of suit promissory note”?

Kindly advise me in this regard....

Thanks and regards.........

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Raj Kumar Makkad (Expert) 26 June 2013
Not only it is an admission of the case of the plaintiff but this has also given a chance to the plaintiff to institute perjury proceeding against the defendant who filed false written statement.

prabhakar singh (Expert) 26 June 2013
He would not be able to prove defence taken in W.S.

KmeduVishnu (Querist) 26 June 2013
Dear Experts Sirs,

Thanks for your kind and valuable advice in this regard that too quickly shared your valuable views on my doubts....

Many more Thanks, Sirs.

prabhakar singh (Expert) 26 June 2013
Most welcome you are!

Raj Kumar Makkad (Expert) 29 June 2013
Most welcome from your side.

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