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1977 Supreme(AP) 52

LAKSHMAIAH
Karumanchi Subba Rao – Appellant
Versus
Yarlagadda Venkatappaiah – Respondent


( 1 ) THE point raised in this revision petition is whether a defendant who filed the written statement stating that the suit instituted by the petitioner- plaintiff can be decreed as prayed for has got any right to cross-examine the plaintiff?

( 2 ) THIS revision under section 115, Civil procedure Code by the plaintiff is directed against the order passed by the learned Subordinate Judge, Bapatla in I. A. No. 270 of 1976 in O. S. No. 56 of 1970, dated 15th April, 1976.

( 3 ) O. S. No. 56 of 1970 was instituted by the petitioner before the Court below for a declaration that the debt due by the plaintiff to the first defendant was partially discharged. Paragraph 9 of the plaint mentions about the relief and reads thus:"therefore the plaintiff prays that the court may be pleased to pass a decree in favour of the plaintiff against the 1st defendant; (i) for declaration that the debt due by the plaintiff to 1st defendant under promissory note dated 9th December, 1969 was discharged to the extent of rs. 7,315. 41 or with alternative. (1) for payment of Rs. 8,023. 00 by the 1st defendant. (2) for payment of interest thereon at 12% p. a. (3) for costs of this suit and; (4) for such other a









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