M SEETHA RAMA RAO Vs. S VENKATA RAMUDU

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of Judgment, dated 10 -03 -2014, in OS.No.791 of 2001, on the file of the Court of the learned Principal Senior Civil Judges Court, Ranga Reddy District.

(2.) THE petitioner filed the above -mentioned suit for recovery of a sum of Rs.3,43,000/ - from respondent Nos.1 to 4 on the foot of a promissory note marked as Ex.A.1. In the plaint, the petitioner specifically averred that respondent Nos.1 to 4 borrowed a sum of Rs.2 lakhs from respondent No.5 for the real estate business on 16 -09 -1998 and executed a promissory note in his favour by agreeing to repay the same with interest @ 24% p.a. He has further pleaded that respondent Nos.1 to 4 failed to repay the amount to respondent No.5 despite notice issued by him; that on 03.06.2001, respondent No.5 has transferred the promissory note in favour of the petitioner for a valid consideration of Rs.2 lakhs; and that respondent No.5 has received the said consideration and made an endorsement in favour of the petitioner at Vanasthalipuram, Hyderabad. In Para 8 of the plaint, the petitioner specifically pleaded that the promissory note was transferred in his favour on 03 -06 -2001 at Vanasthalipuram, Hyderabad; that the petitioner and respondent No.5 reside at Vanasthalipuram and Malkajgiri respectively and that therefore, the Court at Ranga Reddy District has jurisdiction to try the case.

(3.) IN the written statement filed by respondent No.1, except denying the plea of the petitioner that respondent Nos.1 to 4 have borrowed the amount, no plea has been raised on the territorial jurisdiction of the lower Court.