VENKATARAMA REDDY, J.

( 1 ) THE Second Judgment Debtor in the Execution Proceedings i. e. the second defendant in the suit is the revision petitioner herein. The respondent herein, (plaintiff in the suit), tiled O. S. No. 46/84 in the Court of the District Munsif, Gannavaram for recovery of a sum of Rs. 4,600-00. on the basis of the promissory note dated 10-3-1983 after deducting payments made against two defendants, viz. 10 Kankipati Lakshmipathi and 2) kankipati Krishnaveni. In the suit, the second defendant i. e. the revision petitioner herein filed a written statement contending that she did not borrow any amount and never executed the suit promissory note and one Veora Seshagiri rao who was intimate with her might have got into existence the suit pronote in collusion with the first defendant to knock away the properties of the second defendant. She also stated that the transfer of the suit pronote was collusive and that the promissor had no capacity to lend a sum of rs. 5,000/ -. No plea was taken in the written statement that she was an agriculturist. The suit was decreed after contest on 31-1-1986. During the pendency of the suit, no contention was raised that the second defe

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