SANJAY K SHETTY Vs. B NARAYANA SHETTY

JUDGEMENT

(1.) This Regular First Appeal is by the defendant questioning the correctness of the judgment dated 19-12-1997 and decree, he has prayed to set aside the same by allowing this appeal and dismiss the suit urging various legal contentions.

(2.) In this judgment, for the sake of convenience, the rank of the parties is referred to as has been assigned in the plaint presented before the Trial Court.

(3.) Necessary brief facts are: Plaintiff is the holder in due course of the pro-note dated 19-11-1986 alleged to have been executed by the defendant in favour of a person known as B. Ramanna Hegde. He had in turn endorsed the pro-note in favour of the plaintiff for consideration. Thereafter plaintiff demanded to recover the amount from Ramanna Hegde and also defendant herein. His demand was not acceded. Therefore suit was instituted for decreeing the suit claim with interest as prayed.