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2023 Supreme(AP) 1024

VENUTHURUMALLI GOPALA KRISHNA RAO
K. Venkata Subba Rao – Appellant
Versus
Reddy Ushasri, Krishna, W/o Reddy Surya Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P VENUGOPAL
For the Respondents: P RAJAGOPAL RAO

JUDGMENT :

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellants/defendants challenging the Decree and Judgment, dated 30.03.2007, in O.S. No.516 of 2006 passed by the learned I Additional Senior Civil Judge, Vijayawada [for short ‘the trial Court’]. The Respondent herein is the plaintiff in the said Suit.

2. The respondent/plaintiff filed the Suit for recovery of a sum of Rs.4,47,266/- being the principal and interest due on a promissory note dated 17.01.2004 executed by the first defendant in favour of plaintiff for Rs.3,00,000/- and for costs.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No.516 of 2006, are as under:

The first defendant borrowed an amount of Rs.3,00,000/- from the plaintiff on 17.01.2004 for his necessities and executed a demand promissory note on the same day in favour of plaintiff agreeing to repay the same with interest at 18% per annum. On the same day the second defendant, who is the wife of first defendant, has given a hand letter undertaking to discharge the above said pronote debt personally. But inspit

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