AMARARUPU PATHURU Vs. GUNDEBOINA LINGAIAH

JUDGEMENT

(1.) Heard Smt. M. Renuka representing Venugopal Rao, the learned Counsel representing the revision petitioner and Mrs. S.Renuka, learned amicus curiae, appointed to assist the Court.

(2.) This CRP is filed under Section 115 CPC as against the judgment in A.S.No.371/ 95 on the file of Senior Civil Judge, Gurazala, old number being A.S.No.107/95 on the file of the Subordinate Judge, Narasaopet. The revision petitioner is the defendant in the suit and the respondent is the plaintiff. The parties may be referred to as 'plaintiff and defendant' for the purpose of convenience.

(3.) The case of the plaintiff is that the defendant borrowed a sum of Rs.5,000/-under a promissory note, dated 10.5.1992, agreeing to repay the same with interest at 24 per cent per annum. Since it was borrowed from the transferor of the plaintiff at Daida village, on the same day the defendant had endorsed on the second sheet of the promissory note and he failed to repay the amount and the suit promissory note was transferred by the original holder on receipt of consideration in favour of the plaintiff. Since the defendant has failed to repay the same, the plaintiff got issued a registered notice demanding the payment and there was no reply to the said notice. Hence, the suit was filed for recovery of amount.