CHAPALA HANUMAIAH Vs. KAVURI VENKATESWARLU

JUDGEMENT

(1.) The claim on foot of a promissory note dated 2nd September, 9161, having been dismissed, the plaintiff has preferred this revision petition against the decision of the Additional Subordinate Judge, Bapatla in S.C.No. 236 of 1967.

(2.) His claim is for recovery of Rs. 1,275 lent on promissory note of 2nd September, 1961 with interest thereon. The plaintiff relies on a part-payment of Rs. 2, evidenced by the endorsement Exhibit A-2 made on the note on 31st August, 1964, to make out that the suit is in time. The defendant denied the execution of the note as also the endorsement.

(3.) The lower Court upheld the plaintiff's case about the execution of the promissory note but negatived the plea of part-payment ; it disbelieved the story that the endorsement was made by the defendant. The suit was accordingly held to be barred by limitation.