DEVIREDDY MOHAN RAO Vs. ELURI VENKATESWARLU

JUDGEMENT

(1.) The facts leading to the filing of this revision petition are as follows: 1,The plaintiff filed a suit for recovery of Rs. 31,091/- along with interest and costs. According to the averments in the plaint, the defendant borrowed a sum of Rs. 17,000/- on 01-02-1994 from the plaintiff to meet his personal necessities and after receiving the said amount, the defendant executed a letter on the same day i.e., 01-02-1994 in favour of the plaintiff, agreeing to repay the same within a period of 6 months along with interest at the rate of 24% per annum by way of collateral security. The other averments in the plaint are not necessary for the disposal of this revision petition.

(2.) The defendant filed a written statement opposing the suit inter alia, pleading that the promissory note on the basis of which the plaintiff is claming the suit amount is inadmissible in evidence and cannot be relied upon. It was further pleaded that the suit promissory note was not properly stamped.

(3.) After settlement of the issues, the trial Court has taken up recording of the evidence in the suit. While the plaintiff was giving evidence as P.W.I the admission of the document, dated 01-02-1994 on the basis of which, the suit was filed was opposed by defendant.