JUDGMENT :

(V. Gopala Krishna Rao, J.)

1. The appeal is filed against the judgment and decree dated 29-4-2005 passed by the learned Senior Civil Judge, Kavali, in O.S. No.29 of 2001. The appellant is the defendant and the respondent is the plaintiff in the said suit. During the pendency of the appeal, the sole appellant died and the 2nd appellant herein, who is his wife, is brought on record as his legal representative by order dated 20-3-2024 in I.A. No.3 of 2024.

2. For the sake of convenience, the parties herein will be referred to as arrayed before the trial Court.

3. The case of the plaintiff as narrated in the plaint, in brief, is as follows:

(a) The suit is filed for recovery of Rs. 7,74,000/- together with subsequent interest and costs.

(b) It is pleaded that the defendant borrowed a sum of Rs. 4,50,000/- from one Kaliki Papi Reddy on 15-4-1998 and executed a promissory note on the same day in his favour undertaking to repay the same with interest at 24% per annum either to him or his order on demand. The defendant did not pay any amount due in spite of several demands. Therefore, the said Papi Reddy got issued a legal notice dated 24-02-1999 to the defendant calling upon him to