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2010 Supreme(AP) 587

D.S.R.VERMA
Cheedey Vamsi Priya – Appellant
Versus
Paritala Babu Rao – Respondent


Advocates appeared:
For the Petitioner:S.A. Chari, Advocate. For the Respondent: ------

JUDGMENT :

1. Heard Sri S.A. Chari, learned counsel for the appellant.

2. This second appeal is directed against the judgment and decree dated 05-9-2008 in A.S.No.12 of 2007 passed by the Senior Civil Judge, Nandigama, Krishna district, in modifying the judgment and decree dated 13-4-2007 in O.S.No.451 of 2004 passed by the Junior Civil Judge, Jaggaiahpet by reducing the rate of interest.

3. The appellant herein is the plaintiff and the respondent is the defendant in the suit before the trial Court.

4. The suit is for recovery of money. The trial Court decreed the suit along with interest at the rate of 24% per annum, which is the specified rate of interest. On appeal the lower appellate Court having concurred with the judgment of the trial Court, only modified to the extent of reducing the rate of interest from 24% per annum to 12% per annum. Hence the second appeal.

5. The only substantial question of law that has been raised by the learned counsel for the appellant is – whether the lower appellate Court can reduce the rate of interest than the rate of interest specified in the instrument, on which strength the suit has been instituted?

6. It is the contention of the learned couns

















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