P. A. CHOUDARY, J.

( 1 ) O. S. NO. 240 of 1975 was filed for recovery of a sum of Rs, 25. 664/- against the present appellant and another. The suit was filed on the basis of a promissory note executed by the defendants on 17. 7. 1979. In that suit summons were issued and were served on the two defendants. The c M A 124/79 Dated. 23-7-1979 present appellant who was the first defendant in that suit, did not file any written statement. But he says that he had authorized the second defendant to file a written statement. In the written statment filed by the second defendant, there was no plea raised regarding the falsity of the claim or any other circumstances vitiating the execution of the promissory note,. The only plea raised was that the present appellant is a small farmer. The trial court rejected that plea and decreed O. S. No. 240 of 1975.

( 2 ) THE present appellant bad filed O. S. 342 of 1977 in the court of the II Addl. Sub-Court, Vijayawada, to set aside the decree in O. S. 240 of 75 on the ground that the decree which was earlier passed against him in O. S. 240/75 was vitiated by fraud and was obtained by collusion between the plaintiff and the second defendant therein. Pend

Click Here to Read the rest of this document