K BAJARI REDDY Vs. S SREENIVASA REDDY

JUDGEMENT

(1.) The Respondent filed O.S. No. 167 of 2004 in the Court of the Junior Civil Judge, Yemmiganur against the Appellant for recovery of a sum of Rs. 89,820/- on the strength of a promissory note, dated 23.09.2001. It was alleged that the Appellant borrowed the said amount for his necessities, executed a promissory note for repayment thereof, but did not pay the amount in spite of repeated demands. Reference was made to the notice got issued by the Respondent and the reply by the Appellant.

(2.) The Appellant filed a written statement denying the execution of the promissory note. It was urged that the father of the Respondent is known to the Appellant and there used to be transactions between them, and taking advantage of the same, the Respondent brought into existence the promissory note. He has also stated that he never put his signature in English, whereas the promissory note was fabricated with an English signature.

(3.) The trial Court dismissed the suit through its judgment, dated 06.08.2007. The Respondent filed A.S. No. 89 of 2007 in the Court of the II Additional District Judge, Kurnool at Adoni. The appeal was allowed on 19.10.2010. Hence, this second appeal.