GANGA PRASAD SHARMA Vs. D MARKANDEYULU

JUDGEMENT

(1.) The Petitioner is Defendant in the suit O.S. No. 261 of 2001 filed by the Respondent herein on the file of the III Addl. Senior Civil Judge, Visakhapatnam for recovery of money based on a pro-note.

(2.) As per the plaint averments, the Defendant borrowed an amount of Rs. 1,50,000/- from the Plaintiff on 21.2.1999 for the purpose of his family necessities and to purchase a house and accordingly executed the suit pro-note in favour of the Plaintiff. Based on the said pro-note, the present suit is filed.

(3.) Written statement was filed stating that the Defendant never borrowed the alleged amount of Rs. 1,50,000/- and he never executed any pro-note in favour of the Plaintiff. He does not know who is the Plaintiff. The alleged pro-note is a rank forgery. He does not know the attest or and the scribe of the alleged pro-note. The suit pro-note is fabricated and forged one without passing any consideration. The suit pro-note was materially altered and hence, the suit is liable to be rejected.