TIRIGEDALA RAMANAYYA Vs. CHENUTHALA APPARAO

JUDGEMENT

(1.) Defendant in the suit filed this second appeal under Sec. 100 C.P.C. Respondent herein is the plaintiff in the suit.

(2.) For hearing before admission, notice was taken out to respondent and the same was personally served on respondent on 6/8/2012. But no appearance has been made at any time thereafter. Therefore this appeal has been taken up for hearing exparte.

(3.) The controversy between the parties is a debt transaction based on a promissory note. Plaintiff filed O.S.No.249 of 2009 before the learned Principal Junior Civil Judge, Vizianagaram stating that on 10/11/2003 defendant borrowed an amount of Rs.30,000.00 from him and agreed to repay with interest @ 24% P.A. and executed the suit promissory note in favour of the plaintiff. Subsequently, the defendant paid Rs.5,000.00 on 30/10/2006 and Rs.100.00 on 7/5/2008. On both occasions defendant himself made acknowledgments of such part payments on the reverse side of the promissory note. Subsequently as the defendant failed to repay the balance due, plaintiff got issued a notice of demand dtd. 3/3/2009 to which there was no response from the defendant and therefore claiming the principal and interest accrued there on the suit is laid for Rs.63,380.00.