JUDGMENT: -

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellants/defendants challenging the Decree and Judgment, dated 28.01.2008, in O.S. No.262 of 2002 passed by the learned Additional Senior Civil Judge, Ongole [for short ‘the trial Court’]. The first Respondent herein is the plaintiff in the said Suit.

Sole respondent/ plaintiff died during the pendency of the appeal, his legal representatives are brought on record as respondent Nos.2 to 7.

2. The respondent/plaintiff filed a Suit for recovery of a sum of Rs.7,32,394/- being the principal and interest due on a promissory note dated 05.05.1996executed by the second defendant in favour of plaintiff for Rs.3,50,000/- and for costs.

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.262 of 2002, are as under:

The first defendant is a firm doing business in boiled rice mill situated at Guntur Road, Ongole, second defendant is the managing partner of the first defendant. The second defendant, being the managing partner of the first defendant, borrowed an amount of Rs.3,50,000/- from