INUGANTI VENKATA RAMANA MURTHY Vs. ITHAM SRIRAMAMURTHY

JUDGEMENT

(1.) This Second Appeal is filed under Section 100 of the Civil Procedure Code being aggrieved by the judgment and decree dated 24-1-2002 made in A.S. No.3 of 1999 on the file of the learned Senior Civil Judge, Bobbili, wherein the judgment and decree dated 8-12-1998 made in O.S. No.192 of 1996 on the file of the learned Principal Junior Civil Judge, Bobbili, dismissing the suit was reversed.

(2.) The appellant is the defendant and the respondent is the plaintiff. The respondent laid the suit for recovery of an amount of Rs.43,000/- together with interest, on the foot of a promissory note executed by the appellant-defendant on 18-11-1993. The parties are hereinafter referred as arrayed in the suit.

(3.) The case of the plaintiff is that on 18-11-1993, the defendant borrowed an amount of Rs.25,000/- from him to meet agricultural expenses and also to discharge sundry debts. The defendant agreed to repay the said amount with interest at 24% per annum and executed Ex.A-1 -promissory note on the same day in his favour. But, thereafter, in spite of several demands made by him orally and also through a registered notice dated 11 -9-1996, defendant did not repay the amount, but postponing while promising to repay the amount. Hence, the suit.