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2024 Supreme(AP) 1362

V. GOPALA KRISHNA RAO
Daggubati Srinivasa Prasad – Appellant
Versus
Pothini Venkatadri – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Srinivasa Rao Narra
For the Respondent: Subba Rao Korrapati

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 challenging the Decree and Judgment, dated 08.05.2006 in O.S. No. 84 of 2005 passed by the Additional Senior Civil Judge, Ongole [for short "the trial Court"].

2. The appellant herein is the defendant and respondent herein is the plaintiff in O.S. No. 84 of 2005.

3. The respondent /plaintiff filed the suit for recovery of suit amount with costs and future interest as agreed on the foot of the suit promissory note, dated 11.08.2003.

4. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

5. The brief averments of the plaint, in O.S. No. 84 of 2005, are as under:

The defendant borrowed a sum of Rs. 6,15,000/- from him on 11.08.2003 for his business purpose by executing suit promissory note on the even date in evidence of the suit transaction agreeing to pay the promissory note amount with interest as and when demanded by him. In spite of personal reminders and also through the mediators, the defendant did not choose to repay the suit promissory note amount and that the plaintiff is constrained to fi

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