DEVARA BOTLA KAMESWARA RAO Vs. KALLURI BUTCHAYYA

JUDGEMENT

(1.) The plaintiff in S.C.No.14 of 1993 on the file of the Junior Civil Judge, Kothapet filed this revision.

(2.) The suit was filed for recovery of an amount of Rs.2,750/- covered by a promissory note. The respondent filed a written statement denying the very execution of the promissory note. Before the learned trial Court, P.Ws.1 to 3 were examined on behalf of the plaintiff-petitioner and D.W.I was examined on behalf of the defendant- respondent. The trial Court through its judgment dated 5-11-1999 dismissed the suit. The revision is directed against the said judgment.

(3.) Though notice was served, the respondent did not choose to appear in person or through Counsel. The learned Counsel for the petitioner, Sri D. Ramakrishna, submits that the trial Court dismissed the suit only on the ground that the date on Ex.A1, the promissory note, appears to have been tampered with. According to him, the respondent failed either to plead or to prove that the date was altered. He submits that when the respondent did not take any plea of limitation, the trial Court was not justified in taking the objection as to limitation by itself and dismiss the suit on the basis of a finding not supported by the contents in the plaint.