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 Appellants/defendants challenging the Decree and Judgment, dated 07.07.2008, in O.S. No.455 of 2005 passed by the learned I Additional Senior Civil Judge, Kakinada [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.9,03,875/- being the principal and interest due on two promissory notes dated 15.12.2003 and 15.04.2004 executed by one Atluri Venkateswara Rao in favour of plaintiff for Rs.3,50,000/- each 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.455 of2005, are as under:

One Atluri Venkateswara Rao, who is the husband of first defendant and father of defendants 2 and 3 borrowed an amount of Rs.3,50,000/- from the plaintiff on 15.12.2003 for his business purpose and for discharging his sundry debts and executed a promissory note on the same day in favour of plaintiff agreeing to repay the same with interest at 18% per annum. Again