BALAJI TRADERS CHIRALA Vs. PONNURI LAKSHMAIAH

JUDGEMENT

(1.) This revision petition is filed against the judgment and decree dated 24-8-1999 passed by the senior civil Judge, Chirala in SC No. 7 of 1997.

(2.) Plaintiff is the petitioner herein. The suit was filed for recovery of Rs. 4,932.00 being the balance of principal and interest due on a pro-note dated 7-3-1989 executed by the respondent in favour of the petitioner herein for Rs. 5,500.00 payable with interest at 18% per annum and also for subsequent interest.

(3.) The case of the petitioner is that on 7-3-1989 the respondent had borrowed a sum of Rs. 5,500.00 agreeing to repay the same with interest at 18% p.a. and thus executed the suit pro-note. It is averred in the plaint that on 26-3-1989, 14-7-1991, 8-8-1991, 6-10-1991, 23-2-1992 and 25-2-1994 the respondent-defendant made part payments of Rs. 500.00, Rs. 400.00, Rs. 300.00, Rs. 300.00, Rs. 300.00 and Rs. 200.00 respectively and that necessary endorsements were made on the reverse of the pro-note. It is also averred that on 8-3-1992, 25-6-1992, 19-7-1992, 29-9-1992, 29-9-1992, 22-11-1992, 29-11-1992, 6-12-1992, 4-1-1993, 7-2-1993 and 18-4-1993 part payments in Rs. 200.00, Rs. 500.00, Rs. 300.00 Rs. 300.00, Rs. 300.00, Rs. 300.00, Rs. 300.00, Rs. 100.00, R.300/- and Rs. 300.00respectively have been made. As the respondent has failed to discharge the balance amount due under the promissory note, the petitioner has filed the said suit.