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1997 Supreme(AP) 686

K.B.SIDDAPPA
Kunduru Seethamma – Appellant
Versus
Namana Nageswara Rao – Respondent


K. B. SIDDAPPA, J.

( 1 ) THIS revision petition has been preferred by the petitioner against the Judgment in SC. No. 12 of 1993 on the file of the Principal District Munsif, Bhimavaram, West Godavari District. .

( 2 ) THE plaintiff is the petitioner herein. The suit was filed by him to recover an amount of Rs. 1,537. 00being the principal and interest due thereon on the basis of promissory note Ex. A1 dated 27-11-1990. The defendant contended that Ex. A1 is not supported by any consideration. The plaintiff examined PWs. 1 and 2 and they proved the execution of the promissory note Ex. A1. The lower Court ultimately held that the plaintiff advanced the amount and simultaneously executed Ex. A1 which forms part of the same transaction. This finding is not challenged. However during the course of arguments, the learned Counsel for the defendant-Judgment Debtor contended that Ex. A1 is insufficiently stamped. The amount advanced by the plaintiff is Rs. 1200. 00. However, on the promissory note 0. 20 ps revenue stamp was affixed. As per the Stamp Act 0. 20 ps. (sic 0. 25 ps.) revenue stamp is not affixed. Taking this fact into consideration and also the ratio of the decision laid down in




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