SOMISETTY SUBBARAO Vs. MYNAMPATI RAMAKRISHNA RAO

JUDGEMENT

(1.) THIS is a revision petition filed by the defendant in O. S. No. 192 of 1990 on the file of the Principal Junior Civil Judge, ongole.

(2.) THE suit was filed by the plaintiff for recovery of the money. The suit was decreed by the trial Court through the judgment dated 19. 1. 2000. Being aggrieved by the same, the defendant preferred A. S. No. 27 of 2000 on the file of IV Additional district and Sessions Judge, Ongole and the said appeal was dismissed by confirming the judgment of the trial Court. Being aggrieved by the same, the present appeal is preferred by contending that the plaintiff got the suit promissory note transferred for consideration from the original creditor. Later, he filed the suit against the defendant for recovery of the money. In the revision petition, the defendant took two grounds to convince this Court, that the suit itself is not maintainable as it was filed before the wrong Court, which has no jurisdiction to entertain the suit. It is further contended by the revision petitioner that even though there is a transfer endorsement in favour of the plaintiff, it was made subsequent to the demand made by the original creditor to the defendant through a registered notice. Therefore, the plaintiff cannot become the holder in due course. Therefore, he cannot have better rights than the transferor. Therefore, the suit filed at Ongole is not maintainable.

(3.) THE point for consideration is whether the Court at Ongole has jurisdiction to entertain the suit and whether the suit is liable to be dismissed?