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1992 Supreme(Kar) 86

K. SHIVALINGAIAH – Appellant
Versus
V. CHANDRASHEKARA GOWDA – Respondent


Advocates:
B.N.DAYANAND, C.N.SESHAGIRI RAO, Gangadhar Aithal

K. A. SWAMI, J.

( 1 ) THIS appeal by the plaintiff is preferred against the judgement and decree dated 29-11-1986 passed by the learned XII Additional City Civil Judge, Bangalore City, in O. S. No. 2379/1983. Respondents-1 to 3 are defendants 1 to 3 in the aforesaid suit. In this judgement the appellant will be referred to as the plaintiff and respondents 1 to 3 as defendants 1 to 3. 1. 1. The aforesaid suit was filed for recovery of a sum of Rs. 32,234/- from defendants 1 and 2 on the basis of the pronote dated 10-9-1980 executed by defendants 1 and 2 for a sum of Rs. 20,000/- in favour of defendant-3 and also on the basis of Ex. P. 3 executed by defendant-3 in favour of the plaintiff for a valid consideration, assigning the debt due under the pronote dated 10-9-1980 Ex. P. 3. 1. 2. The case of the plaintiff was that defendants-1 and 2 borrowed a sum of Rs. 20,000/- on 10-9-1980 from defendant-3 executing a pronote for the said sum and further agreeing to pay interest at 1. 75 per cent per month; that defendant-3 assigning the pronote debt on 30-6-1983 in favour of the plaintiff on receiving the amount due under the pronote; that the plaintiff issued notice dated 2-7-1983 as per E


























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