IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venuthurumalli Gopala Krishna Rao
Sanapala Setharam – Appellant
Versus
Vajja Semeswaramma – Respondent
JUDGMENT :
Venuthurumalli Gopala Krishna Rao, J.
This second appeal is filed aggrieved against the Judgment and decree dated 29-9-2021 in A.S.No.8 of 2017 on the file of the VI Additional District Judge, Sompeta, Srikakulam District, confirming the Judgment and decree dated 12-9-2014 in O.S.No.100 of 2005 on the file of the Senior Civil Judge, Sompeta.
2. The appellant herein is the defendant and the respondent herein is the plaintiff in O.S.No.100 of 2005 on the file of the Senior Civil Judge, Sompeta.
3. The plaintiff initiated action in O.S.No.100 of 2005 on the file of the Senior Civil Judge, Sompeta, with a prayer for recovery of Rs.3,86,800/- being the principal and interest at the rate of 12% per annum due on a pronote dated 02-7-2003 for Rs.3,00,000/- executed by the defendant in favour of the plaintiff with subsequent interest and for costs of the suit.
4. The learned Senior Civil Judge, Sompeta, decreed the suit for Rs.3,86,800/- with costs with future interest at 12% per annum from the date of suit till the date of decree and at 6% per annum from the date of decree till the date of realization on Rs.3,00,000/-. Felt aggrieved of the same, the unsuccessful defendant in the abo
The validity of a promissory note is established by the plaintiff's evidence of execution and consideration, while the defendant must prove claims of forgery or lack of consideration.
The validity of a promissory note is upheld when supported by evidence of execution and consideration, and a second appeal requires substantial questions of law to be present.
The presumption of consideration applies to promissory notes once execution is admitted, placing the burden on the defendant to prove otherwise.
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