B NARAYANA RAO Vs. M GOVINDA RAJULU

JUDGEMENT

(1.) Heard learned counsel for appellants, nobody for respondents.

(2.) We have gone through the record. The 1st appellant was defendant in O.S. No. 1233 of 1981 on the file of the IV Additional Judge, City Civil Court, Hyderabad. The suit was laid by the plaintiff for recovery of an amount of Rs. 14,480.00 on the ground that the defendant in order to purchase a house, had obtained a loan of Rs. 14,480.00 and had executed an agreement Ex. A-7 on 12-5-1977. In spite of his requests, the amount was not paid back. However, the liability of defendant was acknowledged by him in writing on 1-7-1978 through Ex. A-l.

(3.) The suit was resisted by the defendant on various grounds. One of the grounds taken was that the suit was not filed on the basis of the original cause of action. It was claimed by the defendant that he had borrowed an amount of Rs. 8,0007- only from the plaintiff which he had also paid back. He contended that because of misrepresentation and fraud, he was made to sign Exs. A-1 and A-7 but he had no liability. He had also contended that Ex. A-7 was not admissible in evidence, also that the suit was time barred and therefore was liable to be dismissed.