THE HONOURABLE SMT. JUSTICE K. SUJANA

JUDGMENT:

Challenging the judgment and decree dated 23.12.2002 passed in O.S.No.1 of 1999 by the learned Additional District Judge, Adilabad, the present Appeal Suit is filed.

2. The brief facts of the case are that the plaintiff filed the suit under Section 26 and Order VII Rules 1 and 2 of the Civil Procedure Code seeking recovery of Rs.5,95,933/- from the defendant along with subsequent interest at 18% per annum and costs. The plaintiff stated that on 01.03.1996, the defendant borrowed a sum of Rs.3,50,000/- and executed a demand promissory note in his favour, agreeing to repay the said amount with interest. The plaintiff issued a legal notice dated 15.12.1998 demanding repayment, which was received by the defendant on 16.12.1998. Despite this, the defendant failed to repay the amount. The plaintiff claimed interest amounting to Rs.2,45,933/- up to 05.02.1999, thus seeking a total recovery of Rs.5,95,933/-.

3. On the other hand, the defendant denied having borrowed any amount from the plaintiff or having executed any demand promissory note or receipt. He claimed that after receiving the legal notice, he approached the plaintiff, who allegedly a