K PANDURANGA RAO NAIDU Vs. KANTETI JAGADESWARI

JUDGEMENT

(1.) These two revisions are preferred against the orders passed by the 1st Addl. Subordinate Judge, Vijayawada in I.A.Nos. 1389 and 1390 of 1991 filed under Order 37 Rule 4 C.P.C. and under Order 9 Rule 7 C.P.C. for setting aside the dismissal order dt.26-2-90 in I.A.No. 469/90 and to restore the same to the file.

(2.) The facts leading to filing of the revision petitions are that the plaintiff filed a suit for recovery of balance of money due under three promissory notes dated 16-5-80, 1-1-81 and 11-7-85. Preceding the filing of the suit, the plaintiff issued a registered notice dt. 16-8-89. It was returned unserved on 24-8-1989. There after the plaintiff issued another registered notice dt.23-9-89 demanding the balance due under the promissory notes. The defendant is said to have replied thereto admitting the consideration under the second and third promissory notes but pleading that the first promissory note dt.16-5-80 is supported by the consideration only to the extent of Rs.10,000/-.

(3.) The plaintiff filed the suit on 24-11-89 invoking the summary procedure laid down under Order 37 C.P.C. After receipt of summons, the defendant filed his vakalat on 16-1-90. The plaintiff served on the defendant a summons for judgment in Form No.4-A in Appendix 'B' verifying the cause of action and the amount claimed and stated that in his belief there is no defence to the suit.