CHAGANTI VENKATA BHASKAR Vs. C CHANDRASEKHAR REDDY

JUDGEMENT

(1.) The Revision Petitioner is the plaintiff in O.S. No. 46 of 2006 on the file of the Court of the Additional Senior Civil Judge, Anantapur. The suit is filed for recovery of money allegedly due from the defendant/respondent herein under a promissory note dated 5-12-2003. The defendant/respondent herein filed written statement denying the suit transaction and contending that the suit promissory note was fabricated by affixing the stamps that were removed from some office records.

(2.) While the suit is coming up for framing of issues, the defendant filed I.A. No. 840 of 2008 under Section 35 of the Indian Stamp Act, 1899 with a prayer to reject the suit promissory note alleging that it was inadmissible in evidence. In the affidavit filed in support of the application, it is alleged that the suit promissory note was a fabricated and fraudulent document and that the adhesive stamps on the said promissory note were not cancelled as required in law and therefore it was not admissible in evidence. The plaintiff filed a counter denying the allegations and contending that the question of admissibility of the suit promissory note in evidence did not arise at that stage. After hearing both the parties, the Court below by order dated 15-06-2009 allowed I.A. No. 840 of 2008 holding that the suit promissory note was not admissible in evidence. Aggrieved by the same, the present Civil Revision Petition is filed by the Plaintiff.

(3.) I have heard the learned Counsel for both the parties.