BELLANA SARVESWARA RAO Vs. MULAMANDALA TULASI

JUDGEMENT

(1.) The Civil Revision Petition is filed aggrieved by the Order dtd. 11/3/2024 passed in E.P.No.19 of 2023 in O.S.No.165 of 2021 on the file of court of Principal Junior Civil Judge, Bobbili, by issuing warrant against the petitioner herein under Order XXI Rules 37, 38 and Sec. 55 of the Code of Civil Procedure(CPC), 1908.

(2.) To refer the parties herein for discussion, the petitioner herein is the defendant in the suit and Respondent herein is the plaintiff in the suit.

(3.) The brief averments of the plaint are that the defendant is in need of money for family expenses, approached the plaintiff and borrowed an amount of Rs.6,00,000.00 from the plaintiff on 10/4/2020 and executed a suit promissory note in favour of the plaintiff on an even day and agreed to repay the same with interest 24% per annum to the plaintiff or his order on demand. Subsequently, the defendant did not pay any amount towards the discharge of the suit promissory note debt. The plaintiff demanded the defendant so many times in person and through elders, to pay the said promissory note debt, while admitting his liability has been postponing the repayment on one pretext or other. Hence, the plaintiff filed suit for the recovery of an amount. The said suit was decreed in favour of the plaintiff on 29/11/2022 for an amount of Rs.8,04,800.00 together with interest @ 12 % per annum from the date of suit till the date of decree.