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2022 Supreme(AP) 709

V. R. K. KRUPA SAGAR
Kanajam Dhana Lakshmi – Appellant
Versus
Perni Manikumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sai Gangadhar Chamarty.
For the Respondent: K. Chidambaram.

JUDGMENT :

V.R.K. KRUPA SAGAR, J.

1. The plaintiff before the learned trial Court filed this second appeal under Section 100 C.P.C. The respondent herein was the 1st defendant before the learned trial Court. O.S. No. 85 of 2003 was a suit on promissory note seeking for recovery of money. That was filed by the plaintiff as against three defendants arraying them as defendant Nos. 1 to 3. After due trial, the learned Senior Civil Judge at Avanigadda decreed the suit in favour of the plaintiff directing defendant No. 1 to pay the suit debt along with interest and costs. The suit against defendant Nos. 2 and 3 was dismissed. Defendant No. 1 thereafter filed A.S. No. 180 of 2006 showing the plaintiff as respondent No. 1 and learned I Additional District and Sessions Judge, Machilipatnam, Krishna District allowed the appeal upsetting the trial Court’s judgment and as a consequence, it dismissed the suit as against defendant No. 1 also. Aggrieved against that, the plaintiff in the suit has come up with this appeal. Before adverting to the substantial questions of law involved in this appeal, it is necessary to see how the legal proceedings took place before both the Courts below.

2. In her pl

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