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1997 Supreme(AP) 1080

B.SUDERSHAN REDDY
Madhu Mohan – Appellant
Versus
Margadarsi Chit Fund Pvt. Ltd. , Hyderabad – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) THE instant civil revision petition by the defendant/judgment debtor is directed against a docket order in I. A. (SR) No. 2863/97 in Os. No. 281/92 dated 26-2-1997 passed by the II Additional Subordinate Judge, Ranga Reddy District.

( 2 ) THE respondent herein filed O. S. No. 281/92 for recovery of an amount of Rs. 58,610-00 together with interest payable thereon at the rate of 12% per annum. The suit is decreed by the II Addl. Subordinate Judge, R. R. District on 9-12-1996. The suit itself was decreed on the basis of a written-statement and the oral evidence of the petitioner/ defendant tentatively agreeing to pay the suit amount. The learned Subordinate Judge basing on the admitted facts held that the admitted facts need not be proved.

( 3 ) IT is required to notice that the petitioner/defendant prayed the trial Court to pass a Judgment and decree for grant of instalments at the rate of Rs. 1,500. 00 per month. However, it appears that later on, the petitioner/defendant during the course of his evidence prayed for an instalment decree to enable him to pay the amount at the rate of Rs. 1000. 00 per month. The learned Subordinate Judge having regard to t





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