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2020 Supreme(AP) 152

U.DURGA PRASAD RAO
Pendyala Chakrarao – Appellant
Versus
Somu Rayudu – Respondent


Advocates:
Advocate Appeared:
T.V. Jaggi Reddy, V. Venugopala Rao.

JUDGMENT :

U. DURGA PRASAD RAO, J.

1. The challenge in this C.R.P. filed at the instance of petitioner/defendant under Article 227 of the Constitution of India is to the order dated 08.11.2019 in I.A. No. 983/2019 in O.S. No. 97/2018 passed by the learned Senior Civil Judge, Peddapuram, East Godavari District, dismissing the petition filed by the petitioner/defendant under Section 45 of the Indian Evidence Act imploring the Court to send the suit promissory note to the Expert to determine the age of ink used in writing the body of suit promissory note and age of the ink used in the signature of the defendant on the suit promissory note.

2. O.S. No. 97/2018 is filed by the respondent/plaintiff with the averments that the defendant for his needs borrowed Rs. 4.00 lakhs from the plaintiff on 30.11.2015 and executed a suit promissory note and later he failed to repay the amount and in spite of issuing legal notice dated 19.06.2018, he did not honour the notice and returned the same without receiving it. Hence, the suit:

    (a) The defendant filed counter and opposed the suit. While denying the execution of the pronote, he inter-alia contends in the written statement that the marriage of his s

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