Promissory Note – Admission of Execution – Repayment Not Proved – Limitation Extended by Part Payment Where execution of the promissory note and receipt of the amount are not denied, the burden lies on the defendant to prove repayment, and in the absence of any evidence to substantiate such plea, the same is liable to be rejected; further, an endorsement of part payment on the promissory note extends the period of limitation from the date of such endorsement, and in such circumstances, concurrent findings of the Courts below decreeing the suit do not give rise to any substantial question of law warranting interference in second appeal. (Paras 2, 4, 7, 8, 9)

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Promissory Note – Admission of Execution – Repayment Not Proved – Limitation Extended by Part Payment

Where execution of the promissory note and receipt of the amount are not denied, the burden lies on the defendant to prove repayment, and in the absence of any evidence to substantiate such plea, the same is liable to be rejected; further, an endorsement of part payment on the promissory note extends the period of limitation from the date of such endorsement, and in such circumstances, concurrent findings of the Courts below decreeing the suit do not give rise to any substantial question of law warranting interference in second appeal. (Paras 2, 4, 7, 8, 9)

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Result

Second Appeal dismissed. No order as to costs. Pending miscellaneous petitions, if any, stand closed. (Para 10)