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2022 (4) TMI 1030 - MADRAS HIGH COURTValidity of suit pronote - presumption as contemplated under section 118[a] of the Negotiable Instruments Act, 1881, is presumed unless and until the same is rebutted by the defendants, or not? - the suit pronote was proved or not - whether the endorsement made by the original promisee assigning the right under the pronote in favour of the plaintiff is valid or not? - HELD THAT:- The question of law raised by the appellant is on the assumption that the plaintiff/appellant has let in evidence to prove due execution of the Pronote. When the Courts below have concurrently held that the Pronote is not proved in the manner known of law, the statutory presumption under Section 118 of the Negotiable Instruments Act, cannot be applied. Though the learned counsel for the appellant raised a question of law with regard to the appreciation of evidence of PW.1 and PW.2, this Court is unable to find any irregularity or perversity in the findings of the Courts below on the appreciation of oral and documentary evidence adduced by both sides. In the absence of any perversity or illegality in the decisions rendered by the Courts below, this Court is unable to interfere with the findings of facts reached by the Courts below. Appeal dismissed.
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