DAMERA VENKATA MURALIKRISHNA RAO Vs. CHELIKANI NARASIMHA SRINIVAS

JUDGEMENT

(1.) This second appeal is directed against the judgment dated 15-9-2006 passed in A.S.No.23 of 2005, on the file of the Senior Civil Judge, Bobbili whereby and where under the learned Senior. Civil Judge confirmed the judgment and decree dated 6-9-2005 passed in O.S. No. 77 of 2003, on the file of the Principal Junior Civil Judge, Bobbili.

(2.) Appellant is the defendant and the respondent is the plaintiff in O.S. No. 77 of 2003. The plaintiff filed the suit for recovery of Rs. 41,159-85 basing on a pronote executed by the defendant on 6-7-2000 for Rs. 30,770/-. Defendant took a plea that he executed the pronote, as per his auditor's advice, in favour of the plaintiff for income tax purpose. The suit promissory note is not supported by consideration.

(3.) The trial Court framed the following issues.