M RAMESH BABU Vs. M SREEDHAR

JUDGEMENT

(1.) THIS revision arises out of the order passed in I. A. No. 842 of 2008 in o. S. No. 149 of 2002, dated 16. 09. 2008, by the learned Senior Civil Judge, madanapalli, Chittoor District.

(2.) THE petitioner herein is the petitioner in I. A. No. 842 of 2008 and the plaintiff in the main suit. The respondent herein is the respondent in I. A. No. 842 of 2008 and the defendant in the main suit. The parties will be referred as they are arrayed in the lower Court for the sake of convenience.

(3.) THE brief facts necessary for disposal of this revision are as follows. The petitioner had filed the suit in O. S. No. 149 of 2002 on the file of the senior Civil Judge, Madanapalle (hereinafter referred to as 'lower Court'), against the respondent for recovery of Rs. 1,63,400/- basing on a pronote, said to have been executed by the respondent on 31. 12. 1999. The petitioner's case is that the respondent borrowed Rs. 95,000/- from him and executed a pronote on 31. 12. 1999, marked as Ex. A1, in the presence of attestors, namely Jagadishwar and Rajendra Prasad and subsequently failed to pay the amount. The main contention of the respondent is that he had not borrowed the amount from the petitioner and that the said promissory note is a rank forgery.