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2019 Supreme(Telangana) 446

SHAMEEM AKTHER
P. Manjula – Appellant
Versus
Rampriya Chit Fund Private Limited – Respondent


ORDER :

1. This Second Appeal, under Section 100 of the Code of Civil Procedure, 1908, is filed by the appellants/Defendant Nos. 1 and 4, challenging the decree and judgment, dated 18.04.2019, passed in A.S. No. 256 of 2014, by the XXVI Additional Chief Judge, City Civil Court, Hyderabad, whereby, the decree and judgment, dated 07.04.2014, passed in O.S. No. 1195 of 2005, by the IV Senior Civil Judge, City Civil Court, Hyderabad, was confirmed.

2. Heard the submissions of Sri R.V. Indira Kumari, learned counsel for the appellants/Defendant Nos. 1 and 4 and perused the record.

3. The appellants herein are the defendant Nos. 1 and 4, the 1st respondent herein is the plaintiff and the respondent Nos. 2 to 4 are defendant Nos. 2, 3 and 5 before the trial Court. The parties are hereinafter referred to, as per their array before the trial Court.

4. The plaintiff filed a suit for recovery of a sum of Rs. 1,27,500/- from the defendant Nos. 1 to 5 with costs and interest, basing on a chit agreement under Ex. A.2, guarantee agreement under Ex. A.3 and collateral promissory note under Ex. A.4, before the trial Court, contending as follows:

    "The 1st defendant joined as member of a plaintiff's chit

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