ROSE MARY Vs. LAKSHMAMMA

JUDGEMENT

(1.) This appeal is filed by the defendant in O.S.No.157/2010 on the file of the Principal Civil Judge, Malavalli (for short, the 'civil Court') calling in question the judgement and decree dated 19.11.2014 therein and the judgement and decree dated 7.9.2016 in RA No. 29/2015 on the file of the Senior Civil Judge and JMFC Malavalli (for short, the 'appellate Court') confirming the judgement and decree of the civil Court.

(2.) The respondent has filed the suit in O.S.No.157/2010 for recovery of a sum of Rs.1,17,000/- asserting that she had lent a sum of Rs.90,000/- to the appellant as against 'On Demand Promissory Note' dated 22.4.2009 (for convenience referred to as 'Pro-Note') executed by the appellant acknowledging the receipt of the loan and also undertaking to repay the said amount on demand along with interest. The appellant, despite repeated requests and reminders, did not pay either the principal amount or the agreed interest. The appellant resisted the suit disputing the loan transaction entirely denying the execution of the Pro-Note. The civil Court framed Issue which required the respondent to prove that the appellant had borrowed a sum of Rs.90,000/- on 22.4.2009 and she had executed Pro-Note.

(3.) The respondent examined herself as PW.1 and the scribe as PW.2. However, because PW.2 died before his cross-examination commenced, the respondent examined his son as PW.3, who identified his father's signature on the Pro-Note. The respondent marked the Pro-Note as Exhibit P.1 with the corresponding signatures thereon marked as Exhibits P1(a) to P1(d). The appellant examined herself as DW.1 and marked a copy of the private complaint (as Exhibit D.1) lodged by the respondent against a certain M. Shivamma under section 200 of CRPC for return of an alleged cheque issued in favour of the respondent. The civil Court summoned an Assistant Executive Engineer, M/s KPCL and an Executive Engineer, M/s KPCL, Shimsha as court witnesses, and they are examined as CW-1 and CW-2. Through these witnesses Attendance Register Extracts for the month of April 2009 are marked as exhibits.