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2024 Supreme(AP) 1341

V. GOPALA KRISHNA RAO
K. C. Reddy – Appellant
Versus
Batcha Vasudevanaidu Vasudevarao Naidu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Ravindranath Reddy
For the Respondent: M. Rama Rao

JUDGMENT :

V. GOPALA KRISHNA RAO, J.

1. 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 25.11.1998, in O.S. No.19 of 1997 passed by the learned Senior Civil Judge, Rajam [for short 'the trial Court']. The Respondent herein is the plaintiff in the said Suit.

2. The respondent/plaintiff filed the Suit seeking relief of the Suit claim with an interest as prayed for in the plaint.

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.19 of 1997, are as follows:

    The defendant took a loan amount of Rs.70,000/- on 01.10.1990, for his contract works from the plaintiff and executed a promissory note dated 01.10.1990, for the same with his own handwriting in favour of the plaintiff in the village of Vangara and the defendant agreed to pay the said amount to the plaintiff with an interest at 24% p.a., to the plaintiff or to his order on demand. While the said debt is due to the plaintiff, the defendant again took a loan for an amount of Rs.25,000/- on 13.10.1990 for his necessity and on the

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