SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1970 Supreme(AP) 84

PARTHASARATHI
Chapala Hanumaiah – Appellant
Versus
Kavuri Venkateswarlu – Respondent


( 1 ) THE claim on foot of a promissory note dated 2nd September, 9161, having been dismissed, the plaintiff has preferred this revision petition against the decision of the Additional Subordinate judge, Bapatla in S. C. No. 236 of 1967.

( 2 ) HIS claim is for recovery of Rs. 1,275 lent on promissory note of 2nd September, 1961 with interest thereon. The plaintiff relies on a part-payment of Rs. 2, evidenced by the endorsement Exhibit a-2 made on the note on 31st August, 1964, to make out that the suit is in time. The defendant denied the execution of the note as also the endorsement.

( 3 ) THE lower Court upheld the plaintiff s case about the execution of the promissory note but negatived the plea of part-payment ; it disbelieved the story that the endorsement was made by the defendant. The suit was accordingly held to be barred by limitation.

( 4 ) THE plaintiff adduced the oral testimony of the scribe P. W. 2 and himself gave evidence as P. W. 1. The lower court accepted their version about the payment of consideration and the execution of the note.

( 5 ) THE Subordinate Judge held on the question of execution of Exhibit A- 1 that the plaintiff s omission to examine the attestor












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top