G BUDDANNA DIED Vs. B SUBBARAYUDU

JUDGEMENT

(1.) This Civil Revision Petition is directed against the judgment dated 05-04-2004 passed in O.S.No. 581 of 2003 by the Principal Junior Civil Judge, Kurnool.

(2.) The petitioners are the plaintiffs in O.S.No. 581 of 2002. Initially, the suit was filed by the deceased plaintiff viz., G. Buddanna against the respondent- defendant for recovery of money basing on a promissory note dated 04-04-2000. During pendency of the suit, the first plaintiff died and his legal Representatives came on record, as plaintiffs 2 to 5, as per the orders in I.A.No. 2305 of 2002, dated 04-04-2003. The defendant-respondent filed his written statement. The trial Court settled the following issues for trial. (1) Whether the suit promissory note is true, valid and binding on the defendant? (2) Whether the defendant repaid the amount at Rs. 1,000/- per month? (3) Whether the defendant paid Rs. 12,2000/- in April, 2002 towards full settlement? (4) To what relief?

(3.) On behalf of the plaintiff, 5th plaintiff was examined as P.W. 1, and 3 documents were marked as Exs. A-1 to A-3. On behalf of the defendant, no witness was examined, but 18 documents were marked as Exs. B-1 to B-18. The leaned Junior Civil Judge, on considering the material on record and on hearing the counsel for both parties, disposed of the suit declaring that the plaintiffs are entitled to obtain decree only on production of succession certificate as required under Section 214 of the Indian Succession Act. Aggrieved by the direction given by the Principal Junior Civil Judge, Kurnool, the plaintiffs filed this Civil Revision Petition.