KANDATI SARADA Vs. GODTHI SATISH CHOWDARY

JUDGEMENT

(1.) The Appeal, under Sec. 96 of the Code of the Civil Procedure, 1908 Appellant/ st Defendant, challenging the (for short, 'C.P.C.'), is filed by the Appellant/1 decree and Judgment dtd. 20/10/2009 in O.S.No.184 of 2003 passed by the learned IV Additional Senior Civil Judge (Fast Track Court), Visakhapatnam ourt'). 1st Respondent is the Plaintiff, (for short, 'the trial Court'). iff, who filed the suit in O.S.No.184 of 2003 seeking recovery of Rs.4,46,519.00 Rs.with interest and costs from the Defendants based on the promissory note. The case against the 2nd Respondent / 2nd Defendant was dismissed for default on 8/6/2005.

(2.) Referring to the parties as arrayed in the suit is expedient to mitigate potential confusion and better comprehend the case.

(3.) The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se, may be delineated as follows: On 14/2/2001, the Defendants borrowed Rs.3,00,000/- from the Plaintiff to cover their family expenses and settle various debts. They executed a promissory note on the even date, agreeing to repay the principal amount along with interest @ 24% per annum. Despite numerous demands for repayment by the Plaintiff, the Defendants have consistently failed to meet their repayment obligations.