K. MANMADHA RAO
Kovi Venkata Ramanjaneyulu – Appellant
Versus
Dama Pulla – Respondent
JUDGMENT :
(K. Manmadha Rao, J.)
Second Appeal No.311 of 2012 has been filed assailing the Judgment and Decree dated 16.12.2011, passed in A.S.No.16 of 2009 by the learned Senior Civil Judge, Addanki (in short "the first appellate court") in confirming the Judgment and decree dated 19.09.2009 in O.S.No.86 of 2004 passed by the learned Principal Junior Civil Judge, Addanki (in short "trial court)".
Second Appeal No.310 of 2012 has been filed assailing the Judgment and Decree dated 16.12.2011, passed in A.S.No.15 of 2009 by the learned Senior Civil Judge, Addanki (in short "the first appellate court") in confirming the Judgment and decree dated 19.09.2009 in O.S.No.85 of 2004 passed by the learned Principal Junior Civil Judge, Addanki, (in short "the trial court")
2. The parties will herein after be referred to as they are arrayed in the Original Suit for the sake of convenience.
3. Since the facts and issue involved in all the Second Appeals are one and the same, I find it expedient to decide these matters by a Common Judgment.
4. For the sake of convenience, S.A.No.311 of 2012 is taken as leading case.
5. The appellants herein are the defendants; 1st respondent is the plaintiff in the su
The courts affirmed the validity of a promissory note based on direct evidence, emphasizing that expert testimony is weak and should not override substantive evidence.
A plaintiff in a promissory note case bears the burden of proof for execution, while the defendant alleging forgery must provide adequate evidence to rebut the presumption of validity.
The burden of proof shifts to the defendant when the court finds that the disputed signatures match the admitted signature. Failure to examine a key witness may not be fatal to the plaintiff's case.
The burden of proof lies with the Plaintiff to establish the execution and validity of the promissory note, and the Court can compare signatures to determine authenticity.
Point of law: Recovery of amount - Suit promissory note had been fabricated and the litigation launched on that basis - Probable reason as to why the case itself has been foisted
The court emphasized that ocular evidence, such as the testimony of witnesses, can outweigh the opinion of a handwriting expert. The court held that the plaintiff's evidence, including the validity o....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.