ALAPATI MOHAN RAO Vs. BOYAPATI VENKATESWARA RAO

JUDGEMENT

(1.) THE respondent filed O. S. No. 41 of 2005 against the petitioner in the court of II Additional Junior Civil Judge, guntur, for recovery of amount, on the strength of a promissory note. The trial of the suit commenced, and the recording of evidence on behalf of the respondent was closed. The petitioner deposed as DW-1. On his behalf, DW-2 was also being examined. At that stage, he filed LA. No. 765 of 2005, under Rule 3 of Order 8 c. P. C. , with a prayer to receive the audio-tape, as evidence, duly condoning the delay in presenting the same. The respondent opposed the application by filing a counter-affidavit. The trial Court dismissed the LA. , through order dated 26. 9. 2006. Hence, this crp.

(2.) HEARD Sri M Pitchaiah, learned counsel for the petitioner and Sri V. Manohar Rao, learned Counsel for the respondent.

(3.) THE. respondent filed the suit, on the strength of a promissory note, dated 13. 12. 2001. The petitioner denied the transaction of borrowing of money from the respondent. According to him, he borrowed a sum of Rs. l lakh on 7. 7. 1999, from one Mr. Boyapati Srinivasarao, the brother of the respondent, and two promissory notes, for Rs. 50,000/- each, were executed on the same day. It was pleaded that, when a sum of Rs. 30,000/- fell due towards interest, on the said promissory notes, Srinivasarao insisted on execution of a promissory note in the name of his brother, the respondent herein; and that the same was complied with, believing that it is only a measure of security, without any consideration. In effect, the petitioner pleaded that the suit promissory note was not supported by any consideration.