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1997 Supreme(AP) 753

D.REDDAPPA REDDY
Dokkajoganna – Appellant
Versus
Upadrasta Chayadevi – Respondent


D. REDDAPPA REDDI, J.

( 1 ) THE controversy in this revision petition is whether the suit documents dated 22-5-1985 and 9-9-1985 styled as letters that were not stamped at the time of their execution are promissory notes as defined under Section 4 of the Negotiable Instruments Act, 1881, and hence inadmissible in evidence by virtue of the provisions of Section 35 of the Indian Stamp Act, 1899. The facts that led to the controversy as set out in the impugned order are: The respondent/plaintiff filed OS. No. 17/88 against the petitioner/defendant on the file of the Subordinate Judge, Razole, for recovery of a sum of rs. 1,53,477-69 on the foot of two documents dated 22-5-1985 and 9-9-1985 styled as letters addressed by the petitioner to the respondent acknowledging the receipt of Rs. 57,560/- and Rs. 56,540/- respectively and agreeing to repay the same on demand. The original documents were filed into the Court along with the plaint. On the objection raised by the office that they are liable to be stamped, the respondent paid the requisite stamp duty and penalty. The petitioner, having received notice in the suit, filed a detailed written statement through his Counsel. In a political













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