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2003 Supreme(AP) 1

DUBAGUNTA SUBRAHMANYAM
Maturi Sandesh – Appellant
Versus
Challa Venkateswara Rao – Respondent


DUBAGUNTA SUBRAHMANYAM, J.

( 1 ) THE defendant in O. S. No. 66 of 1997 on the file of Junior Civil Judge, Khammam, preferred this appeal against the judgment and decree dated 11. 11. 1998 in A. S. No. 34 of 1998 on the file of Additional District Judge at Khammam confirming the judgment and decree passed in O. S. No. 66 of 1997 dated 20. 4. 1998.

( 2 ) THE respondent - plaintiff filed the suit for recovery of money based on two pro-notes dated 7. 7. 1993 executed by the appellant in his favour. The pro-notes are marked as Exs. A. 1 and A. 2 before the trial court. The consideration for each pro-note is Rs. 35,000=00. It is the further case of the respondent - plaintiff that on the date of the pro-note itself, the appellant paid a sum of Rs. 875=00 under Ex. A. 1 pro-note and defendant paid Rs. 25,000=00 each on 28. 7. 1994 under each of the pro-notes Exs. A. 1 and A. 2. The defendant contested the suit on various grounds. According to him the debt under pro-notes was incurred prior to 1993. It is also his case that on 28. 7. 1993 itself he paid a total sum of Rs. 70,000=00 and discharged both the pro-notes and therefore he is not liable to pay any amount. The payment endorsements on





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