LAWS(APH)-1997-9-189

DRONAVAJJULA VIDYAMBA Vs. VALLABHAJOSYULA LAKSHMI VENKAYAMMA

Decided On September 27, 1997
DRONAVAJJULA VIDYAMBA Appellant
V/S
VALLABHAJOSYULA LAKSHMI VENKAYAMMA Respondents

JUDGEMENT

(1.) THREE questions are raised in this Second Appeal No. (1) whether the plea of discharge pleaded the appellant is true (2) whether the promises note was executed on 3 -8 -1946, and the suit was consequently barred by limitation; and (3) whether, by reason of the terms of the order dated 7 -11 -1950 in O. P. No. 95 of 1950 on the file of the District Judge, Krishna, at Masulipatarn having not been complied with, the trial of the suit by the Subordinate Judge was without jurisdiction, and the decree is consequently liable to be set aside.

(2.) BOTH the Courts held against the appellant on the plea of discharge, and we see no reason to disturb this concurrent finding of fact.

(3.) THE third objection raised by Sri Neti Surahmanyam is a legal one, and we shall deal with it hereunder. It appears that the appellant's on -in -law, impleaded as the 2nd defendant in he suit, filed O. P. No. 95 of 1950 on the file of the District Judge, Krishna, at Masulipatam for transferring the promissory note suit O. S. No. 347 of 1949, District Munsif's Court Bandar, to the principal Subordinate Judge's Court of Bandar for joint trial with the partition suit filed by him, O. S. No. 6 of 1948. The order passed by the District Judge is as follows: