O.S.No.38/20191 Dated : 09122019
IN THE COURT OF THE JUNIOR CIVIL JUDGE AT GAJAPATHINAGARAM
Present: - P Nageswara Rao,
Principal Junior Civil Judge : Bobbili
FAC. Junior Civil Judge, Gajapathinagaram
Monday, this the 9th day of December, 2019
O.S.NO. 38/2019
Between:
Bammidi Simhachalam,
S/o late Yerrappayya,
Age 28 years, Private Employee,
Ingilapalli Village,
Dattirajeru Mandal,
Vizianagaram District. ….. Plaintiff
And :
Pyla Venkata Giri,
S/o Pydupu Naidu,
Age 40 years, Hindu,
Teacher,
Gutchimi Village,
Dattirajeru Mandal,
Vizianagaram District. … Defendant
This suit coming on 18-11-2019 for final hearing and disposal before me in the presence of Sri U Ramesh, Advocate for Plaintiff and the defendant called absent and set exparte and the matter is having stood over for consideration till this day, this court made the following :
JUDGMENT
1.This suit is filed by the plaintiff against the defendant for recovery of a sum of Rs. 85,867/- being the principal and interest @ 24% p.a due on the promissory note Dt. 18-06-2016 executed by the defendant for an amount of Rs.50,000/-, in favour of the plaintiff and for subsequent interest and costs of the suit.
O.S.No.38/20192 Dated : 09122019
2.The brief averments of the plaint are that on 18-06-2016 the defendant in need of money for the purpose of his domestic expenses borrowed a sum of
Rs.50,000/- in cash from the plaintiff, and in evidence of said borrowing the defendant himself scribed and executed promissory note for Rs.50,000/- on the even date, in favour of plaintiff promising to repay the same to the plaintiff with interest @ 24% p.a on demand either to the plaintiff or his order or bearer, and one M Malleswara Rao attested the suit promissory note. After the transaction the plaintiff demanded personally and through gentlemen mediators to the defendant several times for repayment of the suit promissory note amount and the interest accrued thereon, but the defendant admitted his liability, and postponing the same on one pretext or the other, and then the plaintiff got issued legal notice on Dt. 22.05.2019 demanding the defendant to pay the amount due on the promissory note with interest, and the defendant received the same on 27.05.2019, but neither paid the amount, nor gave any reply to the said legal notice, and hence, the plaintiff filed this suit for recovery of the suit amount from the defendant on the foot of promissory note dated: 18.06.2016.
3.The suit summons were served to the defendant and he initially attended to the court through his counsel, and later he did not file written statement in- support of his defence and he was set exparte for his non appearance and non filing of written statement.
4.Heard the counsel for plaintiff.
5.Now, the simple point for consideration is whether plaintiff is entitled for recovery of amount under the foot of promissory note dated: 18-06-2016 said to be executed by the defendant in favour of plaintiff or not?
O.S.No.38/20193 Dated : 09122019
6.Point :
During the trial, the plaintiff himself examined as PW1 and got marked
Ex.A1 to Ex.A3. By filing chief affidavit, plaintiff reiterated the plaint averments contending that the defendant borrowed amount of Rs.50,000/- under promissory note from him on 18-06-2016 for his domestic purpose, agreeing to repay the same together with interest @ 24% per annum and the defendant failed to repay the same to him in-spite of repeated requests and demands made by him and through gentlemen mediators, and he issued legal notice to the defendant buty he did not pay due amount. The defendant was set-exparte as he failed to file written statement .
7. As seen from the chief affidavit of PW1 coupled with Ex.A1 to Ex.A3 suit promissory note, legal notice and postal acknowledgement and other material, it is crystal clear that Ex.A1 was executed by defendant in favour of the plaintiff after receiving amount under Ex.A1 and it is not repaid to the plaintiff, and on that, the plaintiff got issued Ex.A2 legal notice to the defendant, and the defendant received the said notice under Ex.A3. Though the defendant initially appeared before the court through his counsel, but he did not file written statement. Therefore, non appearance and non filing of written statement by the defendant is nothing but admission of the case of the plaintiff. Since there is no denial with regard to the case of the plaintiff by the defendant, the case of the plaintiff remained as unchallenged. In that circumstances, this court has no other alternative except to believe the case of the plaintiff in holding that the defendant borrowed amount under Ex.A1 from the plaintiff and subsequently, he failed to repay the amount to him. Hence, certainly the plaintiff is entitled to recover amount due under Ex.A1 together with interest from the defendant . Point is answered in-favour of the plaintiff.
O.S.No.38/20194 Dated : 09122019
8.In the result, the suit is decreed with costs in favour of the plaintiff for a sum of Rs.85,867/- together with interest at 12% p.a. from the date of suit till the date of decree, and thereafter at 6% p.a from the date of decree till the date of realization on the principal sum of Rs. 50,000/-.
Typed by me in my Laptop, signed, and pronounced by me in open court, this the 9th day of November, 2019
Sd/- P. NAGESWARA RAO,
Principal Junior Civil Judge, Bobbili
FAC. Junior Civil Judge, Gajapathinagaram.
Appendix of Evidence
Witnesses Examined:
For the Plaintiff:
PW.1 : B Simhachalam
For the Defendant: Nil
Exhibits Marked:
For the Plaintiff:
Ex.A1 :Original Suit promissory note Date:18.06.2016 executed by the defendant for Rs. 50,000/-
Ex.A2:Office Copy of the legal notice Dt. 22.05.2019
Ex.A3:Relevant Postal Acknowledgement Dt. 27.05.2019
For the Defendant: Nil
Sd/- P. NAGESWARA RAO,
Principal Junior Civil Judge, Bobbili
FAC. Junior Civil Judge, Gajapathinagaram.