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2010 Supreme(AP) 1137

B.CHANDRA KUMAR
Jalagadugula Eswara Rao – Appellant
Versus
Davala Surya Rao – Respondent


Advocates appeared:
For the Petitioner:Nimmagadda Satyanarayana, Advocate.
For the Respondent: ------

Judgement Key Points

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JUDGMENT :

This Civil Revision Petition is directed against the order dated 02.12.2006 passed in I.A.No.1668 of 2006 in O.S.No.293 of 2005 by the Junior Civil Judge, Gajuwaka.

2. The brief facts of the case are as follows:-

The petitioners herein are the defendants in the Original Suit. The respondent herein filed a suit for recovery of Rs.82,399.99ps basing on the promissory note alleged to have been executed by one Jalagadugula Rajamma, W/o. Late Appanna – mother of the petitioners’ herein. The petitioners’ herein, in their written statement, have specifically averred that the respondent herein had forged and fabricated the alleged promissory note and taking advantage of the death of Jalagadugula Rajamma – mother of the petitioners’ herein, got filed a suit into Court to have illegal gain. It is also specifically averred that the said promissory note was rank forged and fabricated document.

3. As seen from the record, it appears that the respondent herein, who was the plaintiff in the suit, filed chief affidavit on 30.06.2006 and the petitioners herein, who were the defendants in the suit, having taken some adjournments, did not cross-examine P.W.1 and the cross-examination of P.W.













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