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2003 Supreme(AP) 1015

C.Y.SOMAYAJULU
Tirumalareddi Ramagopala Reddy – Appellant
Versus
Bhimavarapu Paravathi – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) DEFENDANTS in O. S. No. 84 of 1979 on the file of the Court of Subordinate Judge, Eluru are the appellants.

( 2 ) RESPONDENT filed the suit against the appellant for recovery of Rs. 11,304. 38 due to her under a promissory note dated 15-01-1977 executed by them in her favour for rs. 10. 000/ -. The case of the appellants is that late. T. Chinna Achireddy, father of Appellants 1 and 2 and husband of third appellant had dealings with the husband of the respondent in connection with his Tobacco business and the husband of the re spondent came with a pre-written promissory note reciting as if it is executed by the sons of Achireddy for Rs. 10,000. 00 to their house and asked them to sign that promissory note promising that accounts can be settled later, but Sivarama Krishna Reddy brother of appellants 1 and 2 refused to affix his signature thereto and the 3rd appellant affixed her signature thereto in her individual capacity but not as the guardian of her the then minor son and as such the suit promissory note is an inchoate instrument and hence is enforceable. Basing on the pleadings, the trial Court framed four issues for trial. In support of her case respon






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