M. GARUDA SEKHARA REDDY Vs. T. NAGIREDDY

JUDGEMENT

(1.) 1. This Revision is filed against an order dated 8.10.1998 passed in S.C. No. 86 of 1997 on the file of the Senior Civil Judge, Gooty.

(2.) THE facts in brief are as follows :

(3.) MR . Lakshmi Narayana Reddy, learned Counsel representing Mr. Soma Konda Reddy, learned Counsel for the petitioner and strenuously contended that the approach of the Court below is totally erroneous and merely because two witnesses were examined apart from D.W. 1, such evidence cannot be given a greater weight without considering the evidence of P.W, 2. The learned Counsel also had contended that the principle underlying Section 118 of the Negotiable Instruments Act, 1882 (for short 'the Act') was not properly appreciated by the Court below. The learned Counsel also strenuously contended that though the first point which was framed for consideration by the Court below is whether the plaintiff used force, threat and obtained the suit pronote from the defendant, if so, the suit pronote is supported by cash consideration, there is absolute no evidence placed by the respondent -defendant so as to substantiate his stand. In the absence of any evidence in this regard and in the light of the presumption in favour of the revision petitioner -plaintiff under Section 118 of the Act, the Court below should have decreed the suit instead of dismissing the same.