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2024 Supreme(AP) 631

V. GOPALA KRISHNA RAO
Gutha Baby, W/o. Nageswararao – Appellant
Versus
Ravi Gopala Krishna, S/o. Venkateswararao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri P.Rajasekhar
For the Respondent: Ms.V.Bindu, Sri B.Adinarayana Rao

JUDGMENT :

V.Gopala Krishna Rao, J.

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellant/defendant challenging the Decree and Judgment, dated 06.04.2000, in O.S. No.680 of 1989 passed by the learned Additional Senior Civil Judge, Guntur [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.76,000/- being the balance of principal and interest due on a promissory note dated 20.11.1986 executed by the defendant in favour of one Ganta Udaya Lakshmi for Rs.40,000/- 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.680 of 1989, are as under:

The defendant borrowed an amount of Rs.40,000/- from one Ganta Udaya Lakshmi of Gudavalli on 20.11.1986 for her business purpose and executed a promissory note on the same day in favour of Ganta Udaya Lakshmi agreeing to repay the same, on demand, with interest at 24% per annum. But inspite of several demands made by Ganta Udaya Lakshmi, the defendant did not choose to pay any amount

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