PILLELA KAMESWARA RAO Vs. ATMAKURU VIJAYA LAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dtd. 13/8/2024, in I.A.No.763 of 2024 in O.S.No.287 of 2020 on the file of the I Additional Junior Civil Judge, Nellore, whereby the petition filed by the petitioner/defendant under Order VIII Rule 1 read with Sec. 151 of the Code of Civil Procedure, 1908, to receive document viz. original discharge receipt dtd. 8/3/2020 executed by the respondent/ plaintiff in favour of the petitioner/defendant, was dismissed.

(2.) Heard both sides and perused the record.

(3.) Respondent/plaintiff filed Original Suit No.287 of 2020 before the learned I Additional Junior Civil Judge, Nellore against the petitioner/defendant, for recovery of money, basing on promissory notes. The petitioner/defendant filed written statement admitting execution of the suit promissory notes and stating inter alia that originally, he borrowed the amounts from one Madhavi and executed promissory notes in her favour, and on her request, the petitioner/ defendant executed the suit promissory notes in favour of the respondent/plaintiff, and thereafter, the promissory notes executed in her favour were torn by her. It is further contended in the written statement that the petitioner/defendant discharged the entire amount to respondent/plaintiff on 8/3/2020 by paying Rs.5,40,000.00, for which the respondent/plaintiff executed a receipt therefor. A photo copy of the said receipt is filed along with the written statement. During trial of the suit, the petitioner/defendant filed the present petition, along with his affidavit in lieu of examination-in-chief, seeking permission to receive original of the said receipt dtd. 8/3/2020, which was dismissed by the trial Court, vide the impugned order.