K KANNAIAH Vs. S SANKARAIAH

JUDGEMENT

(1.) THE respondent filed O.S.No.16 of 2006 in the Court of the Senior Civil Judge, Srikalahasti against the appellant for recovery of amount on the strength of a promissory note, dated 02.03.2000. It was stated by the respondent that being acquainted with him, the appellant borrowed a sum of Rs.57,700/ - and he did not repay the same in spite of repeated demands. His further case was that when he went to the appellant, residing at Chittoor, for repayment of the amount, he paid a sum of Rs.100/ - on 01.03.2003, acknowledging the debt covered by the promissory note. He ultimately prayed for a decree for the suit amount.

(2.) THE appellant filed a written statement. It was pleaded that he borrowed Rs.7,700/ - from the respondent through Ex.A1 and that the respondent has clandestinely added the figure '5' before the amount. He denied the endorsement, Ex.A2, dated 01.03.2003. In addition to that, the appellant has stated that the respondent got issued a notice, Ex.B1, on 22.10.2003 by taking a false plea that a sum of Rs.100/ - was paid on 01.02.2003 and still, he did not make any reference to Ex.B1 either in the plaint or in the affidavit filed in lieu of chief -examination.

(3.) THE trial Court dismissed the suit through judgment, dated 13.02.2007. Aggrieved by that, the respondent filed A.S.No.54 of 2007 in the Court of the III Additional District Judge, Tirupathi. The appeal was allowed on 31.08.2010. Hence, this second appeal.