ADE KISHORE Vs. KARI SATYANARAYANA

JUDGEMENT

(1.) This civil miscellaneous appeal is filed under Order XLIII Rule 1 of C.P.C, challenging the decree and judgment in A.S.No.2 of 2019 dtd. 8/5/2024 passed by the Civil Judge (Senior Division), Parchur, Prakasam District.

(2.) For the sake of convenience, the parties herein are referred as arrayed before the Court below.

(3.) The plaintiff filed O.S.No.6 of 2016 for recovery of money Rs.2,87,497.00 together with interest and costs, based on six promissory notes dtd. 9/12/2003, 12/4/2004, 6/9/2004, 31/5/2007 and 13/1/2007 for Rs.25,000.00, Rs.25,000.00, Rs.15,000.00, Rs.10,000.00, Rs.25,000.00 respectively, said to have been executed by the defendant in his favour, agreeing to repay the same on demand. The defendant made part payments and made an endorsement on the promissory notes. Again, the defendant borrowed an amount of Rs.25,000.00 from the son of the plaintiff on 13/1/2007 and executed a promissory note in favour of the son of the plaintiff agreeing to repay the same with interest and also made part payments. Later, the son of the plaintiff transferred the said pro-note for collection on 20/12/2014 by making necessary endorsement on the said promissory note dtd. 13/1/2007. Inspite of demands made by the plaintiff, the defendant did not pay the amount due under the above promissory note. Then and the plaintiff claimed interest @ 12.5% p.a, therefore, it necessitated the plaintiff to file suit for recovery of money with interest and costs.