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1999 Supreme(AP) 246

BILAL NAZKI
Ponugupati Subba Rao – Appellant
Versus
Sikhakollu Pulla Rao – Respondent


BILAL NAZKI, J.

( 1 ) THE plaintiff-respondent filed a suit for recovery of a debt on the basis of a pro-note dated 5-5-1992 executed by the defendant-petitioner. The original pro-note was executed for Rs. 2,000. 00 and it was agreed that the interest shall be paid at the rate of 24% per annum. The rate of interest claimed in the suit however was 12 1/2%. It was claimed in the suit that the defendant had borrowed a" sum of Rs. 2,000. 00 from the plaintiff on 5-5-1992 and a promissory note had been executed. The defendant in his written statement denied borrowing of any loan from plaintiff and executing the pro-note. It was stated that the plaintiff had fabricated the promissory note with an ante date. The plaintiff examined himself and a witness. The plaintiff, according to the judgment, had initially proved that the document had been executed. The defendant however took a stand that he had not put any signatures on the pro-note and the signature was forged. The learned Judge relied on a judgment of this Court being B. Mallamma v. V. T. V. Rangachary, 1997 (3) APLJ 39 (SN), whereby it has been laid down that after the initial burden of proving the document is discharged by the plain


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