MUPPALA VENKATA SUBBAYYA Vs. DESIRAJU VENKATA KRISHNA SARMA

JUDGEMENT

(1.) This appeal, under Cl. 15 of the Letters Patent, arises out of a suit filed by the appellant for recovery of a sum of Rs. 5,666-6-6 on the foot of a promissory note, dated the 30/09/1953, executed by the defendant in his favour. The amount sued for represents the original principal of Rs. 4,800 and in interest which accrued thereon. In a short written statement filed by the defendant, he contended that.

(2.) Against the said decree, the defendant preferred an appeal to the District Court, Guntur. The District Judge held that the cause of action on the suit promissory note, Ex. A-1, did not merge in the agreement Ex. B-1 and that, therefore, the plaintiff was entitled to sue upon the promissory note. He substantially confirmed the findings reached by the trial Court, with the result that the appeal was dismissed.

(3.) Against the decree of dismissal, the defendant preferred Second Appeal No. 711 1961 on the file of this Court. On a construction of the terms of Ex. B-1, the learned Judge Mr. Justice Gopal Rao Ekbote held as follows:-