PARTHASARATHI
Chapala Hanumaiah – Appellant
Versus
Kavuri Venkateswarlu – Respondent
( 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
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