K. RAMACHANDRA RAO, J.

( 1 ) THIS appeal is against the order of the learned District Judge, Guntur in a S. No. 127 of 72 allowing the appeal and remanding the petition filed by the 2nd defendant under section 19 of the andhra Pradesh (Andhra Area) Agriculturists relief Act. The appellant herein is the plaintiff. He filed the suit for recovery of money on the foot of a promissory note against two defendants. The defendants raised various pleas Including a plea that the debt was liable to be scaled down under the provisions of the agriculturists Relief Act. An issue was framed on that pleading. But subsequently the defendants remained ex pane. The suit was tried and the debt was scaled down awarding interest at 5% per annum. Subsequently, the 2nd defendant filed the petition, I. A. No. 4753/70, under section 19 of the Act contending that the debt originated in a sum of Rs. 350/- and that was being renewed and later split up and that the calculation arrived at in the suit was not correct, and if proper calculation was made, nothing would be due under the decree. The plaintiff decree-holder filed a counter contending that the petition was not maintainable and that the decree could not

Click Here to Read the rest of this document